QUESTION
Can one sue a person for not turning on the house heater as promised which resulted to pipes freezing and bursting?
Asked on Mar 13th, 2014 on Litigation - North Carolina
More details to this question:
John goes away for a holiday for the winter. He asks his fiends Freddy to turn on the heating in his (John) house in the event of severe frost being forecast. Freddy promises to do. A severe frost is forecast, but Freddy forgets to turn on the heating in John’s house, with the result that the pipes freeze, and burst. Advise John.
8 ANSWERS
Ronald A. Steinberg
John should sue Freddy, and then kick the crap out of him. Lousy friend.
Answered on Mar 27th, 2014 at 6:24 AM
Michael J. Breczinski
Unless there was a contract that John got something in exchange then the answer is no.? I E that John was paid to watch for the freezing and then turn on the heat.
Answered on Mar 14th, 2014 at 6:45 AM
Criminal Law Attorney serving Oakland, CA
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Law Office of Jared C. Winter
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This question reeks of some law school or bar exam hypothetical. If I'm guessing correctly, please bear in mind that the attorneys on here voluntarily dispense free legal advice to help people in the community with legal issues. We're not here to do your homework. If this is actually a legit question, I would say that John likely has no cause of action against Freddy because I don't see any consideration in the agreement.
Answered on Mar 13th, 2014 at 6:14 PM
Edwin K. Niles
Sure. Negligence AND breach of contract.
Answered on Mar 13th, 2014 at 6:11 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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John, next time pay somebody to take care of your house, or leave it on 55 degrees while you are gone.
Answered on Mar 13th, 2014 at 5:50 PM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
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Andrew T. Velonis, P.C.
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My advice to John is to do his own homework assignments.
Answered on Mar 13th, 2014 at 2:51 PM
James Eugene Hasser
Sure, he can sue, but assuming he can win, will he be able to collect? John is probably better off making a homeowner's claim and moving on. If his insurance company feels like they can recoup their claim from John they will go after him for reimbursement. Good luck.
Answered on Mar 13th, 2014 at 2:08 PM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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A holiday is a day. Winter is a season. Which is it? John agrees to look after the cabin for the entire winter season for no fee? Come on. What is going on here?if he were to be paid for this and he does not do it he could be sued for breach of contract and negligence. but as a favor? For how long? At no fee? For no value? For nothing in return? What is the truth here?
Answered on Mar 13th, 2014 at 2:08 PM