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.

May may have limited rights to recover damages in this situation.

If Mr. Smith is a licensed and insured contractor, May can potentially file a claim with his insurance company for any damages caused by the malfunctioning air conditioning unit. She may be able to recover the costs of repairing or replacing the unit, as well as any damage to the dining area and kitchen caused by the fire. The specific types of damages that may be recoverable will depend on the terms of Mr. Smith's insurance policy and any applicable laws in the state where the incident occurred. May should consult with an attorney to understand her legal options and the potential for recovery.

On the other hand, if Mr. Smith is not a licensed and insured contractor as required by the state, May's rights to recover damages may be more limited. She may still be able to pursue legal action against Mr. Smith personally to recover for any damages, but the success of such a claim and the potential for recovery will depend on various factors, including applicable state laws and the financial resources of Mr. Smith.

In any case, it's important for May to document the damages, keep any relevant communications or contracts with Mr. Smith, and consult with an attorney who specializes in business law to understand her rights and legal options in this situation.