# Lawyers--Contractor screwed up, endangered my family, I need suggestions.

**URL:** <https://boards.straightdope.com/t/lawyers-contractor-screwed-up-endangered-my-family-i-need-suggestions/555637>\
**Category:** In My Humble Opinion\
**Created:** [September 30, 2010, 6:13pm UTC](https://boards.straightdope.com/t/lawyers-contractor-screwed-up-endangered-my-family-i-need-suggestions/555637 "2010-09-30T18:13:48Z")\
**Posts on this page:** 20\
**Page:** 1

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**Author:** ![NoCoolUserName](https://avatars.discourse-cdn.com/v4/letter/n/5fc32e/32.png) [@NoCoolUserName](https://boards.straightdope.com/u/NoCoolUserName)\
**Post date:** [September 30, 2010, 6:13pm UTC](https://boards.straightdope.com/t/lawyers-contractor-screwed-up-endangered-my-family-i-need-suggestions/555637/1 "2010-09-30T18:13:48Z")

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This is not quite a request for legal advice, it’s a request for you to think rationally while I cannot. Here’s the situation: I contracted to have a new water heater installed. This is a reputable local firm, recommended by family. The guy doing the install neglected to check for leaks. We had been out, and when we got home there was a smell of gas in the house. I figured it was just residual from him working on the gas lines, set up a fan and opened the windows–didn’t light any matches or anything. The fan was not enough, so I figured it was a leak, shut off the gas at the meter and all was well.

I called them in the morning, the installer guy came back and checked and sure enough, there was a leak in one of the connectors. He fixed it, said how sorry he was, left.

Now I’m talking with the plumbing company. They are so sorry as well. I’m not impressed, in fact I’m so mad that I can hardly talk. I’m certainly not in the mood for a “what’s reasonable” discussion. Sure I know people make mistakes, I’ve made them myself on occasion, but this one endangered my spouse, my kids and myself, not to mention pretty much everything I own.

Here’s my question: what is reasonable compensation for our risk? Not to mention our anger and concern and VeryCoolSpouse and one of our daughters feeling sick?

I don’t want to do a “my lawyer will call your lawyer” sort of thing. What I want right now is all of them roasting over a slow fire for a very long time, but that’s a) not reasonable and b) not going to fix anything.

The top guy at the plumbing company is offering a rebate (amount yet unstated) and I’ll accept that. How much is enough? What’s “the usual” in this sort of circumstance?

Thanks. I’ll calm down in a week or two, I suppose, but right now I’m steaming.

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**Author:** ![Colibri](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/colibri/32/1841_2.png) [@Colibri](https://boards.straightdope.com/u/Colibri)\
**Post date:** [September 30, 2010, 6:17pm UTC](https://boards.straightdope.com/t/lawyers-contractor-screwed-up-endangered-my-family-i-need-suggestions/555637/2 "2010-09-30T18:17:12Z")

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Since this is a matter of opinion, and also about a specific legal case, it is better suited for IMHO than GQ.

Colibri  
General Questions Moderator

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**Author:** ![Mr.Excellent](https://avatars.discourse-cdn.com/v4/letter/m/f19dbf/32.png) [@Mr.Excellent](https://boards.straightdope.com/u/Mr.Excellent)\
**Post date:** [September 30, 2010, 6:17pm UTC](https://boards.straightdope.com/t/lawyers-contractor-screwed-up-endangered-my-family-i-need-suggestions/555637/3 "2010-09-30T18:17:45Z")

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You should talk to a lawyer licensed in your jurisdiction. Seriously - there are a bunch of factors here (for example, the details of the work on your house and the state of the law where you live) that no one on an internet message board is competent to address. Talk to a lawyer, not us. Sorry.

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**Author:** ![Omar\_Little](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/omar_little/32/269_2.png) [@Omar\_Little](https://boards.straightdope.com/u/Omar_Little)\
**Post date:** [September 30, 2010, 6:25pm UTC](https://boards.straightdope.com/t/lawyers-contractor-screwed-up-endangered-my-family-i-need-suggestions/555637/4 "2010-09-30T18:25:10Z")

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Since you weren’t actually damaged and they corrected their mistake, you’re really only out the mental anguish of dealing with a gas leak, which you identified and shut-off.

I personally wouldn’t expect much of a rebate…$50-$100.

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**Author:** ![Leaffan](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/leaffan/32/299_2.png) [@Leaffan](https://boards.straightdope.com/u/Leaffan)\
**Post date:** [September 30, 2010, 6:30pm UTC](https://boards.straightdope.com/t/lawyers-contractor-screwed-up-endangered-my-family-i-need-suggestions/555637/5 "2010-09-30T18:30:14Z")

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> [@Wilbo523](#):
>
> Since you weren’t actually damaged and they corrected their mistake, you’re really only out the mental anguish of dealing with a gas leak, which you identified and shut-off.
> 
> I personally wouldn’t expect much of a rebate…$50-$100.

Agreed.

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**Author:** ![ZipperJJ](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/zipperjj/32/211_2.png) [@ZipperJJ](https://boards.straightdope.com/u/ZipperJJ)\
**Post date:** [September 30, 2010, 6:30pm UTC](https://boards.straightdope.com/t/lawyers-contractor-screwed-up-endangered-my-family-i-need-suggestions/555637/6 "2010-09-30T18:30:29Z")

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For a not-too-great sum you could join Angie’s List and talk to one of their people about what you can ask for. I know that one of the features of membership is the ability to have them help settle disputes. I can’t say, tho, if they tell you what to ask for or if they just help you get what you decide to ask for.

But, it’s a way to have a professional mediator who is well-versed in the topic help you, who is not a lawyer.

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**Author:** ![Really\_Not\_All\_That\_Bright](https://avatars.discourse-cdn.com/v4/letter/r/e8c25b/32.png) [@Really\_Not\_All\_That\_Bright](https://boards.straightdope.com/u/Really_Not_All_That_Bright)\
**Post date:** [September 30, 2010, 6:46pm UTC](https://boards.straightdope.com/t/lawyers-contractor-screwed-up-endangered-my-family-i-need-suggestions/555637/7 "2010-09-30T18:46:02Z")

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> [@NoCoolUserName](#):
>
> Here’s my question: what is reasonable compensation for our risk? Not to mention our anger and concern and VeryCoolSpouse and one of our daughters feeling sick?

$0, unless your spouse or daughter required medical attention.

ETA: Not that a rebate or refund wouldn’t be unwarranted, but I wouldn’t say you are legally entitled to compensation. IANAL, etc.

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**Author:** ![sparky\_1](https://avatars.discourse-cdn.com/v4/letter/s/77aa72/32.png) [@sparky\_1](https://boards.straightdope.com/u/sparky_1)\
**Post date:** [September 30, 2010, 6:51pm UTC](https://boards.straightdope.com/t/lawyers-contractor-screwed-up-endangered-my-family-i-need-suggestions/555637/8 "2010-09-30T18:51:11Z")

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> [@Wilbo523](#):
>
> Since you weren’t actually damaged and they corrected their mistake, you’re really only out the mental anguish of dealing with a gas leak, which you identified and shut-off.
> 
> I personally wouldn’t expect much of a rebate…$50-$100.

Also agree.

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**Author:** ![Baracus](https://avatars.discourse-cdn.com/v4/letter/b/2bfe46/32.png) [@Baracus](https://boards.straightdope.com/u/Baracus)\
**Post date:** [September 30, 2010, 7:07pm UTC](https://boards.straightdope.com/t/lawyers-contractor-screwed-up-endangered-my-family-i-need-suggestions/555637/9 "2010-09-30T19:07:38Z")

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> [@Wilbo523](#):
>
> Since you weren’t actually damaged and they corrected their mistake, you’re really only out the mental anguish of dealing with a gas leak, which you identified and shut-off.
> 
> I personally wouldn’t expect much of a rebate…$50-$100.

Agree also. You generally can’t sue for what _might_ have happened. As good customer service, however, the plumber should offer you a carrot to not bitch about them to everyone you meet.

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**Author:** ![DiosaBellissima](https://avatars.discourse-cdn.com/v4/letter/d/a8b319/32.png) [@DiosaBellissima](https://boards.straightdope.com/u/DiosaBellissima)\
**Post date:** [September 30, 2010, 7:08pm UTC](https://boards.straightdope.com/t/lawyers-contractor-screwed-up-endangered-my-family-i-need-suggestions/555637/10 "2010-09-30T19:08:13Z")

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I suppose it depends how much you paid for their service, but I’d expect maybe a 50% discount or $100 off, whichever if lower. And that’s only because as a business owner, I try to make my customers happy and that’s something I’d do if I was in their shoes. IDK what’s the legal answer though.

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**Author:** ![thirdname](https://avatars.discourse-cdn.com/v4/letter/t/d07c76/32.png) [@thirdname](https://boards.straightdope.com/u/thirdname)\
**Post date:** [September 30, 2010, 7:15pm UTC](https://boards.straightdope.com/t/lawyers-contractor-screwed-up-endangered-my-family-i-need-suggestions/555637/11 "2010-09-30T19:15:45Z")

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Personally, if I smelled gas I would get away immediately and call the fire department, but maybe that’s just me. I’ve always had electric utilities, and the idea of having explosive gases in my dwelling freaks me out.

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**Author:** ![drachillix](https://avatars.discourse-cdn.com/v4/letter/d/48db29/32.png) [@drachillix](https://boards.straightdope.com/u/drachillix)\
**Post date:** [September 30, 2010, 7:19pm UTC](https://boards.straightdope.com/t/lawyers-contractor-screwed-up-endangered-my-family-i-need-suggestions/555637/12 "2010-09-30T19:19:53Z")

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For you, its personal, and thats why you are upset. Nobody got hurt, nothing blew up, they corrected the problem, you want to hurt him, post negative reviews with your story on yahoo, google, etc.

IANAL but if I was one defending against this:

Almost anything like this is going to be about definable financial loss, did you stay at a hotel because you were scared for your familys well being, ate out because you felt your home was a potential firetrap and didn’t want to use a stove?

IF you **did not** do these things, you didn’t feel the risk was so great that you needed to remove your family from the potential danger. So who risked your family, you, or the repair man?

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**Author:** ![astro](https://avatars.discourse-cdn.com/v4/letter/a/9dc877/32.png) [@astro](https://boards.straightdope.com/u/astro)\
**Post date:** [September 30, 2010, 7:25pm UTC](https://boards.straightdope.com/t/lawyers-contractor-screwed-up-endangered-my-family-i-need-suggestions/555637/13 "2010-09-30T19:25:52Z")

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My God. You’re being a world class drama queen. I would be pissed about a botched install, but the reality is that small gas leaks in installs are not unheard of, and it was apparently taken care of quickly and correctly. You apparently want someone to fall on their sword, but that’s not going to happen. If they are offering a rebate take it and move on. You’re making a Busby Berkeley production out of this.

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**Author:** ![hajario](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/hajario/32/171_2.png) [@hajario](https://boards.straightdope.com/u/hajario)\
**Post date:** [September 30, 2010, 7:25pm UTC](https://boards.straightdope.com/t/lawyers-contractor-screwed-up-endangered-my-family-i-need-suggestions/555637/14 "2010-09-30T19:25:55Z")

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You are overreacting. $50-100 sounds about right to me. At the most they can take the labor off of the bill and you still pay for the new heater.

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**Author:** ![raindog](https://avatars.discourse-cdn.com/v4/letter/r/2bfe46/32.png) [@raindog](https://boards.straightdope.com/u/raindog)\
**Post date:** [September 30, 2010, 7:36pm UTC](https://boards.straightdope.com/t/lawyers-contractor-screwed-up-endangered-my-family-i-need-suggestions/555637/15 "2010-09-30T19:36:18Z")

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What it is about our society that every transgression has to be a request for payment?

You’re deserved $0.

You suffered _no_ economic loss, yet you want economic relief?

What’s up with that?

If I were you I’d be plenty mad also. _Very_ mad. Yet your solution—and question----is ‘How much should I be paid?’

But while you should be rightfully mad, the contractor should be rightfully upset, apologetic, and relieved that the outcome wasn’t much much worse.

Towards that end, he should make every effort to make this up to you—extend the warranty, provide extra services, or even a cash payment like the one suggested. ($50-100)

If I was the contractor, I would _personally_\* be at your home to apologize and explain what happened and what actions we are taking to make sure that this never happens again. I’d also offer some of the things mentioned------as a means of showing our seriousness and our sincerity.

The _contractor_ should be taking those steps. When _you_ do it looks like a shakedown.

(\*I’m am HVAC/Plumbing contractor and install furnaces, water heaters, run gas lines etc etc etc)

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**Author:** ![Tom\_Tildrum](https://avatars.discourse-cdn.com/v4/letter/t/e95f7d/32.png) [@Tom\_Tildrum](https://boards.straightdope.com/u/Tom_Tildrum)\
**Post date:** [September 30, 2010, 7:55pm UTC](https://boards.straightdope.com/t/lawyers-contractor-screwed-up-endangered-my-family-i-need-suggestions/555637/16 "2010-09-30T19:55:38Z")

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Let’s not lose sight of the fact that they put your lives and your home in danger, with an elementary mistake. It was fortunate for all concerned that you were on the ball in figuring out the problem and knowing how to deal with it. Think of it this way; you saved them all of the liability they would have been hit with if your house had blown up.

It doesn’t seem unreasonable to me to insist that you be refunded the labor charges for the installation.

If that looks like it would turn into more conflict than you feel like dealing with, an easier alternative would be to listen to what they offer, respond by asking for an amount two-and-a-half times as much, and then agree on a number somewhere in the middle.

Personally, I wouldn’t be inclined to settle for extra services from someone whose previous services nearly killed me.

{I am not your lawyer. Nothing in this thread should be construed to create an attorney-client relationship.}

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**Author:** ![kathmandu](https://avatars.discourse-cdn.com/v4/letter/k/5f8ce5/32.png) [@kathmandu](https://boards.straightdope.com/u/kathmandu)\
**Post date:** [September 30, 2010, 7:59pm UTC](https://boards.straightdope.com/t/lawyers-contractor-screwed-up-endangered-my-family-i-need-suggestions/555637/17 "2010-09-30T19:59:27Z")

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Yeah, you need to settle down and let it go. You don’t get compensated for what might have happened. You didn’t suffer any damage. Their offer of a rebate is a nod to good customer service. Take it and move one.

This isn’t legal advice - just common sense advice.

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**Author:** ![BrotherCadfael](https://avatars.discourse-cdn.com/v4/letter/b/977dab/32.png) [@BrotherCadfael](https://boards.straightdope.com/u/BrotherCadfael)\
**Post date:** [October 1, 2010, 2:46am UTC](https://boards.straightdope.com/t/lawyers-contractor-screwed-up-endangered-my-family-i-need-suggestions/555637/18 "2010-10-01T02:46:36Z")

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If the contractor is feeling generous, he won’t charge for the second visit.

That’s your compensation.

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**Author:** ![Cat\_Whisperer](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/cat_whisperer/32/4839_2.png) [@Cat\_Whisperer](https://boards.straightdope.com/u/Cat_Whisperer)\
**Post date:** [October 1, 2010, 3:03am UTC](https://boards.straightdope.com/t/lawyers-contractor-screwed-up-endangered-my-family-i-need-suggestions/555637/19 "2010-10-01T03:03:47Z")

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If you watch the show “Holmes on Homes” much, you’ll see that contractors are pretty much a law unto themselves, and you had damned near an ideal outcome for having a contractor come into your home - nobody died, and they didn’t destroy your house and take all your money. I too would take the rebate and call it a day.

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**Author:** ![Rand\_Rover](https://avatars.discourse-cdn.com/v4/letter/r/db5fbb/32.png) [@Rand\_Rover](https://boards.straightdope.com/u/Rand_Rover)\
**Post date:** [October 1, 2010, 3:07am UTC](https://boards.straightdope.com/t/lawyers-contractor-screwed-up-endangered-my-family-i-need-suggestions/555637/20 "2010-10-01T03:07:07Z")

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I think you should get about tree fiddy.

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