What are our rights regarding a malfunctioning heating and cooling system?

We called our geothermal heating/cooling unit company to come and service it when it started making a loud noise. They came and said one of the parts that assists in drainage just need cleaning. They cleaned it and left. Unbeknownst to us it began leaking immediately after, causing carpet and wall damage and molding. We called the company and they came and replaced the part but whenever we ask about the damage or even mention the bill all the boss says is, “It’s not our fault, we didn’t do anything wrong.” Over and over. Are they liable for the damage?

Asked on October 29, 2013 under Business Law, Wisconsin

Answers:

Brook Miscoski / Hurr Law Office PC

Answered 7 years ago | Contributor

Legally, you're asking whether the repair company is liable for damages that resulted from its failure to make the correct repair (consequential damages). The ability to get those kinds of damages will be determined by your contract with the repair company and by the laws of your state about those kinds of damages.

Some states impose a higher duty on companies that repair air conditioners (as opposed to other repair work). In Texas, it would matter whether the repair company had obtained the required licenses.


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