Boiler Installer Denied That He Owed Duty Of Care To Homeowner

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A tradesman who allegedly engaged in specialized work, failed to take necessary precautions and failed to follow applicable law and regulations, breached his duty of care to the homeowner.

The trial court found the following facts. The homeowner and his wife hired defendant and his son, who worked as contractors, to remove an old boiler and to install a new one. Defendant was responsible to install the new pipe that connected the boiler to the chimney. Allegedly, defendant did not read the instruction manual or speak to a building inspector, prior to installing the pipe, and his son ignited the boiler without making adjustments, as required by the manufacturer. Approximately one week later, the chimney connector allegedly became disconnected and the basement caught on fire. Plaintiff insurance company brought a subrogation action against defendant and his son, to recover damages. The trial court found that defendant owed a duty to plaintiff ‘s insured and that defendant and his son were equally at fault. Defendant appealed and argued that he merely acted as a laborer to help his son and that because his role in the process was restricted, he should not be held to the same standard as a skilled tradesman or found responsible for a risk that was not foreseeable. The Appellate Court found that the risk was foreseeable. Experts testified that the fire primarily was caused by the failure to secure the chimney connector properly into the chimney. It was defendant who inserted the chimney connector into the masonry and failed to properly affix it. The trial court reasonably could have found that the risk of fire from an improperly secured chimney connector was foreseeable. “If he had consulted either the instruction manual for the boiler or a building inspector,” wrote the Appellate Court, “he would have been aware that the chimney connector . . . should have been cemented.” Defendant engaged in specialized work, failed to take necessary precautions and failed to install the chimney connector pursuant to applicable law and regulations. The risk of fire and the damages sustained were a foreseeable result, and defendant’s claim that he lacked a duty to plaintiff ‘s insured lacked merit. Judgment affirmed.

At Maya Murphy, P.C., our personal injury attorneys are dedicated to achieving the best results for individuals and their family members and loved ones whose daily lives have been disrupted by injury, whether caused by a motor vehicle or pedestrian accident, a slip and fall, medical malpractice, a defective product, or otherwise. Our attorneys are not afraid to aggressively pursue and litigate cases and have extensive experience litigating personal injury matters in both state and federal courts, and always with regard to the unique circumstances of our client and the injury he or she has sustained.

Source: J. Pellegrino. Boiler Installer Denied That He Owed Duty to Home Owner. CONN. LAW TRIBUNE, May 23, 2016 at 16.