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This past holiday season, I was reminded of the responsibility HVAC contractors have, not only in installing and maintaining heating systems but also in ensuring their customers have working carbon monoxide alarms to stay safe. One of my trusted employees, Jayne, has been assisting the elderly neighbors who live next door to her for years. Sadly, a week ago the husband died. His 97-year-old widow has been struggling with getting things ready for the funeral and Jayne volunteered to help. The widow’s ten-year sealed alarm was giving an end-of-life warning and Jayne came over to help.
It turns out that the end-of-life alarm was for a smoke detector. After a diligent search, Jayne could find no carbon monoxide alarms in the home whatsoever. Upon further inquiry, Jayne learned that the couple had had an expensive new furnace installed seven months before. Yet, the HVAC contractor had not inquired as to whether there was a CO alarm in the home.
We often argue that HVAC contractors have a duty to make a two-minute investigation to determine the existence of a CO alarm any time they service an appliance. But that duty gets stronger any time they do an annual safety check (preventative maintenance). But when that work is done on a home such as the installation of a new furnace, then that duty has to be even clearer. Worse yet, when the customers are a couple in their mid-90s, incapable of getting on ladders to replace batteries and test alarms, that duty has to be paramount.
Jayne went to Home Depot and got her neighbor three alarms. As coincidences have it, two days ago, the day before the funeral, our widow had no heat in her home, no heat emanating from the seven-month furnace. They call the HVAC company before 5 pm. However, they refuse to come out until the next day. A look at the website makes it clear that they do 24/7 service. Why would they not help this widow, on the eve of her husband’s funeral, until the next day? Could it be because this is a warranty repair, and they wouldn’t be able to charge her extra for the after-hours call?
We have sued this company before. I have personally deposed the owners of this company. Their insurer paid us the policy limits. The Tort System is not there just to compensate victims of negligence, it is also there to deter wrongful conduct. Unfortunately, these guys didn’t learn that the standard of care requires them to be of service to keep their customers safe, and warm.
By Attorney Gordon Johnson
800-992-9447
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