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My husband fitted a kitchen two years ago for a customer. Their extractor has fallen down and broken their glass hob. They are now asking us to pay damages is this legal.
Optional Information: Province/Country relating to question : England Already Tried: Public liability Citizens advice
HiThank you for your question and welcome to Just Answer. I will try to help with this. Please RATE my answer OK SERVICE or above.What caused the fan to fall down? Was it poor fitting?
We don't know what caused the extractor to fall Dow. My husbands client said it was fitted poorly. Our public liability says it wouldn't have stayed up for two years if it was fitted poorly.
If it was poorly fitted then there would be argument that he is liable. That would just amount to a failure to exercise reasonable care and skill as all contracts demand implicitly if not expressly. If that is the position then they could claim the cost of the fan as a direct loss and the cost of anything damaged in the fall as consequential loss.That said, it does seem unlikely that it would have stayed in place for two years if the fault was entirely his with no contribution from them at all. If his actions were not causative in the fall then he is not liable whether he fitted it or not.Hope this helps. Please remember to rate my answer either OK SERVICE or above and then I will give you related information for free.