posted by Moon on .
May opened a restaurant. After a few days, she got numerous complaints from customers that it was too hot in the restaurant. She began to look for new air conditioning units. She contacted B&O Appliances, where she had purchased many of the appliances for the restaurant. She told Mr. Smith what she needed and provided Mr. Smith with all measurements. Being awar of the layout of the restaurant, Mr. Smith decided not to go to the restaurant to review the area. He consulted various charts and other information and told May what size and type air conditioning unit to purchase. May purchased the unit recommended, Mr. Smith instilled the unit. After 2 days, it became apparent that the unit couldn't adequately tool the area because it had been installed over the kitchen fans. She contacted Mr. Smith, he agreed that the unit was insufficient in light of where located.
Before the unit could be replaced, it malfunctioned & electical defeat causes a fire. The fire destroyed one half of the dining area and most of the litchen.
What rights May have to recover he damages, from whom she could recover and what type of damages she could recover?
Most states require that Mr. Smith is a licensed electrician or licensed heating/cooling professional. Along with this license you must be insured. If your state requires a license and insurance May is golden if she made sure Mr. Smith was a licensed and insured contractor in his field. If he is, May can place a claim with his insurance company.
If May hired Mr. Smith who is not a licensed and insured contractor and licensing and insurance is required by state.