If a service provider, such as a plumber, does a job incorrectly that directly results in extensive damage to your property, are they liable for the damages?
New Mexico, US
1 Answer
Possibly. In order to win in such a lawsuit, you would have to prove that the damage resulted from the contractor's negligent actions or inactions. To show this, you have have to establish exactly what was done (or not done) by the contractor that resulted in damage, and you must show that this was not a decision that would be made by a professional exhibiting ordinary caution. That means then that you would need an expert who would testify as to the requirements of core, professional standards, and what (forensically) was actually done. The contractor will of course have his own expert to testify on these matters (who may testify "schedule 40 pipe is standardly used in such jobs", disagreeing with testimony from your expert who might say "I would have used schedule 60 pipe"). The point is that proving that a job was not done correctly is not trivial.
answered Oct 19, 2019 at 20:28
