Arethere legal grounds to sue for damages due to aprivate residence’s heat being turned off?

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Arethere legal grounds to sue for damages due to aprivate residence’s heat being turned off?

Bills are paid on-line (no paper mailed bills have been sent for some time). Homeowner has been away for a month and been watching on-line bills. Homeowner accidentally missed 1 payment and paid the next month and previous months bill in full on-line days before the due date (company did not post until days later). Homeowner came home to a frozen house and $10,000 possible damages. Company claims to have sent a disconnect notice in the mail earlier in the month but not found no notice was listed on the homeowners on-line bill.

Asked on February 4, 2011 under General Practice, Minnesota

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Listen, whether or not you "can" you should absolutely try and recover something here from somewhere.  Did you report the damage to your insurance company?  That may be an avenue for you to explore and then let them subrogate against the heating company.  And you need to report this to the Public Utilities Commission in your area as well.  If you have proof of the bill being paid before the due date (you have a confirmation number?) and no proof of mailing if a turn off letter then you have to pursue this.  You may need some legal help but you should make a claim as soon as you can to the utility company by certified mail.  Good luck to you.


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