Re: Electrical Surge cause known... Do I have a chance with this?
Annoyed_CA said:
Thanks for your reply. It was not a "normal" surge. The surge was caused by two wires in the wall that touched, essentially creating one large circuit in my apartment (instead of several). The electrician repaired the wiring. If I can get a written report from the electrician, what is the best that I can expect in recovering anything from the landlord?
My response:
Please, read my first response to you. You NEED to key in on the word "negligence". It doesn't matter, at this point, that you suffered any kind of a surge and damages. The point is, can you PROVE the landlord to have been "NEGLIGENT" ?
If the surge was caused due to faulty wiring, then yes, you may have a claim. But, if it is merely a maintenance issue; e.g., the wiring is 35 years old, or some other "non-fault" reason, then you're going to need to make a claim with your renter's insurance.
In law, all because something bad happens to you, doesn't necessarily mean that someone else is at fault. You need to have PROOF of someone else's "negligence", and that their negligence was the "legal cause" of your damages.
If you can get your electrician to make a written statement that the problem was caused by someone's negligence, ALONG WITH AN EXPLANATION FOR THE COURT AS TO WHAT THE NEGLIGENCE WAS, then you could, perhaps, win your case. Anything short of that, and you'll just have to rely on your own pocket or your own insurance.
IAAL