Big Leak - who is at fault?

Alex1983

Was the leak there before he touched the floor, if it wasn't then how can anyone be to blame but him. You can't start banging nails in the floor then a leak occurs and then blame old nails that have pushed down and punched a hole in a pipe.

glentoran99

Tom99 wrote: »

I don't think you could blame the fitter for that. How where they to know there was a pipe under the nail?

You're joking right?

phill99

As someone that deals with home insurance companies regularly, this isn't classed as 'accidental damage'. AD typically refers to something that you as the homeowner does, such as putting your foot through a ceiling etc.


This incident will normally be covered by your home insurance, but they will pursue a claim against your tiler.


Your tiler should be taken 'reasonable care' in your bathroom and would have, by its very nature, have pipes under the floor. He should have used a detector, or used screws that don't come out of the underside of the existing subfloor.

brightontraveller

So working somewhere makes a person liable/guilty interesting maybe more so than someone whom has never visited the house but that’s about all ?

An identical nail that builders used, in the same area, following the same line /route as others installed same day isn’t proof (but it is compelling evidence….)

But “I had a leak” builders is/has been there isn’t? It could be said just as likely builders where there too replace/repair an existing leak just as probable ?

Others have stated builder is liable but with no admission from builder or posted by OP proof /evidence to substantiate that statement, If OP follows same line with builders public liability slim to none chance.

No mention / pic of offending nail /screw e.g. ceiling down and I could see the nail through the pipe simples , but “apparently” there was a nail already in a floorboard” etc leads to doubt they said you said etc.

OP is to attempt insurance route for a successful outcomeapproach effort needs to differ. e.g builder/tiliers methods prior to works commencing drawings, ask , notification detectors, visual etc

societys_child

The way I read it, is that when the fitter/tiler laid a new plywood floor over the existing floor, an existing nail in the existing floor was pressed further through the existing floor by the new plywood flooring, and the existing nail was pressed into the pipe?

If this is the case, I'm not so certain it's the fault of the workman.


* was just seeing how many times I could type the word "existing" into one sentence . . .

Alex1983

No matter how many times you say existing the fact is the tiler caused the leak, if he wasn't nailing the floor down the leak would not of happened, old nails new nails it won't really matter, granted he didn't go out to cause a leak but he has to realise nailing a floor down in a bathroom of all places has risks and I don't think it's unreasonable to expect him to check what's under neath the floor he's taking a hammer too but that's just my opinion.

When things like this happen at my work it goes 1 of 2 ways if it's a component failure or wear and tear we say it's up to the home owners house insurance but if we have caused the leak for poor workmanship or accidental damage it goes through our own insurance, I would think this would go against him.

bris

The point is he didn't put that nail in, it was already in place and not something he directly touched. No blame as far as I can see.

SuzieSue

phill99 wrote: »

As someone that deals with home insurance companies regularly, this isn't classed as 'accidental damage'. AD typically refers to something that you as the homeowner does, such as putting your foot through a ceiling etc.

.

Yes, I wouldn't have thought that this was accidental damage. Have you checked with your insurance company?