Radiator leaked and flooded house - liability?

boo_star

KeithP wrote: »

A 6mm hole suddenly appeared?

I don't believe that.

The radiator was leaking long before the holiday and it is rather surprising that the householder didn't notice it many weeks earlier. He should've taken steps then to mitigate any loss.

That’s something the insurance companies will need to sort out.

I do find it odd for a hole of that size to suddenly appear but I’m neither a metallurgist or a plumber.

unholyangel

One_Five_Four wrote: »

Sorry if this all seems a bit vague. My mate is a bit of a dinosaur who doesn't use a computer, hence I'm posting stuff for him (after lengthy phone calls). I keep trying to get him on-line...!

I assume the recovery agent is a firm appointed by his home insurers to pursue the claim.

Can I ask, for how long after the installation of the radiator does the plumber have liability? Surely it can't be indefinite.

I wondered if that was the case (he'd possibly claimed off his insurance) as it would be a bit strange for your friend to seek a recovery agent and even if he did, it would be even stranger still for him to instruct them to chase the plumber when he feels the plumber has done no wrong.

If he has claimed off his insurance then basically his role in it is over (save for providing the insurance company with help in recovering the costs - which will likely be a term of his insurance).

No he's not liable indefinitely. Its a bit of a complex area (especially where potential building works are concerned which come with a latent defect extension) and strictly speaking nothing in law sets a period for how long they would be liable for the goods to last. What it does set is the period in which you can bring a legal claim. In the case of action found on simple contract that period is 6 years in england & wales and 5 years from discovery in scotland. You can still file a claim after this period but the defendant would have a defence of "statute barred".

I have to say though, you both seem very concerned about the plumbers liability (rather than damage caused etc) which leads the cynic in me to wonder if you're the plumber in question

One_Five_Four

From what he told me, the radiator was partially hidden behind a bedside cabinet and the hole appeared there, so he didn't notice it earlier.

Again, I'm sorry to be so vague. After this, he'd better get a computer.

One_Five_Four

No, I'm not the plumber, but my mate has known and used him for years and feels bad that this is happening to him. He just asked me if I could help.

boo_star

One_Five_Four wrote: »

From what he told me, the radiator was partially hidden behind a bedside cabinet and the hole appeared there, so he didn't notice it earlier.

Again, I'm sorry to be so vague. After this, he'd better get a computer.

Wouldn’t the carpet be sodden? Or with a hard floor, a puddle start to appear?

None of that really matters though. What matters is if your friend has gone to his insurance company or not.

If he has then his role is essentially over.

One_Five_Four

Thanks for all the replies so far. Just to clarify, my mate's house insurance have paid out to repair the damage and the plumber in now being chased by them, via a 'recovery agency', to get their money back.

The plumber came to see my mate yesterday and told him what was happening. Until then, my mate assumed it had all been settled long ago.

I expect the plumber has some kind of insurance, but I'll need to ask my mate to check on that.

neilmcl

You seemed to be more concerned about the plumber than you're actual mate getting his house sorted. Whether the plumber has insurance or not is nobody's concern but his, if he has it good for him, if not your mate's insurer will decided whether to take legal action or not to recover the loss. Either way your mate is sorted now.

DoaM

neilmcl wrote: »

You seemed to be more concerned about the plumber than you're actual mate getting his house sorted.

Eh? Where are you getting that from? OP's mate has already had the house sorted ... where do you think the £14k comes from? (Whether £14k is a fair cost or artificially inflated is a separate matter).

This will be the insurance company seeking to recover their losses from the plumber. And as said above, OP's mate's position in this is to follow what the T&Cs of the insurance contract said - nothing more, nothing less. (The T&Cs probably said that the insured must assist the insurer in the recovery of claims costs where practicable ... OP's mate being in conversation with the plumber about this may not be the best course of action to take).

GDB2222

Whilst accepting that the plumber acted in good faith, he supplied a faulty radiator. So, he's liable for the foreseeable consequences. However, he has a claim against his suppliers, and they against theirs, and so on back to the manufacturer.

The plumber should have notified his insurers when this first came to his attention. They may not cover him now.

One_Five_Four

Thanks for the further replies. I gather now that the plumber has contacted his insurers who are looking into it.