Water damage after Boiler Service - who is liable?

Stevewhiff

New Member
Apr 17, 2012
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Had a Boiler serviced recently and next morning noticed water leaking through kitchen ceiling. Upon investigation water was leaking from the valve attached to flexible water hose used to top up water pressure in boiler. Extensive water damage to linen stored in airing cupboard which houses the boiler, and to kitchen ceiling. Rang engineer who came back later that morning to check and fitted new valve.
Now the fun starts... who is liable for cost of replacing damaged linen and re-docorating the kitchen ceiling? Engineer just said, it will dry out! He has since returned and viewed the damage, even taking pictures and said he will go away and think of a way to resolve. He did flippantly say he would come round with some paint if needed to. I know he will have liability insurance but he said unlikely his insurance will pay out because he didn't cause the leak, it was a faulty valve. My argument was that water leaked extensively after they had been to service the boiler and therefore it must be their liability.
Any advice on this matter would be greatly appreciated.
Regards

Steve
 

Witch consumer

Moderator
Sep 8, 2008
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Debtors retreat
He is responsible and it sounds like he knows it, doesn't matter if the valve is faulty or not, he should have thoroughly checked his work before he left and been satisied there was no leak. Ask him for his insurance company details and pursue a claim through them.
 

trickygj

Moderator
May 31, 2010
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Cheshire
www.richardgjohnson.co.uk
stevewhiff

It makes sense that it is his responsibilty if the water was not leaking before he touched the boiler. If the valve was faulty, could he have noticed it when he turned the water back on?

Supply of Goods and Services Act 1982 s13. Implied term about care and skill.

In a contract for the supply of a service where the supplier is acting in the course of a business, there is an implied term that the supplier will carry out the service with reasonable care and skill.

Breach of this term is a negligent breach of contract.

His insurers should pay for all the damage and that is why people have insurance. If he refuses to give you their name then you would have to make a claim against him.
 

Stevewhiff

New Member
Apr 17, 2012
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Thanks for both replies, really appreciate your comments and both have confirmed what i felt to be honest. I will be making a claim against his insurance and see how i get on. Thanks again.