Craftsman drills into electrical line - who is liable?

  • Erstellt am 2021-09-02 21:33:10

drno1234

2021-09-02 21:33:10
  • #1
Hello dear forum,

I need your advice on the following matter:

I built a house last year through a general contractor. The construction contract did not include a canopy above the front door. Therefore, this year I commissioned a local craftsman to install a canopy myself, having configured and ordered the canopy through an online retailer. The installation by the craftsman was agreed upon separately.

When the craftsman wanted to start the installation, I pointed out to him that there were cables in the area of the attachment. I showed him a picture of the exterior wall before plastering, whereupon the craftsman proposed a slightly higher position for the canopy compared to the original plan. I then said, "ok, let's do it that way." Unfortunately, it then turned out afterwards that a cable was still drilled into.

The craftsman now takes the following position: He sees no fault on his part since I instructed him to attach the canopy at that position. He could not have known that a cable also runs at that point. He sees the responsibility with me as the client.

My position: I am a layperson and am neither familiar with the exact method of canopy attachments nor with the usual rules for laying electrical cables. Therefore, an assessment regarding a sensible installation position is not possible for me. I saw the craftsman's suggestion as expert opinion, which I accepted. If something goes wrong, then he is responsible.

Since it may involve significant costs, I would be very grateful for advice (possibly with reference to legal foundations).
 

Traumfaenger

2021-09-02 22:41:26
  • #2
I am not a lawyer, but what you discussed in private is no longer objectively verifiable. However, if I properly hire a craftsman for such a task, I expect him as a professional to fulfill his duty of care and to be liable or insured in case of damage. If, of course, it was some cheap illegal worker from the Hammer platform or from the flea market classifieds, then he probably will neither be insured nor be held liable in any other way.
 

ypg

2021-09-03 00:04:29
  • #3
On the one hand, just as says On the other hand: …this is where the crux of the matter lies.
 

HilfeHilfe

2021-09-03 07:31:17
  • #4
How do you come to the conclusion now that a cable was drilled into?

Have you ever asked Elli what it costs and how it can be resolved?
 

Bardamu

2021-09-03 07:42:20
  • #5
Before drilling holes in the wall at places where pipes are suspected, one could get certainty with a pipe detector. Costs 20 euros. That is the only thing one could still have expected from both sides. Otherwise, I see no reason why anyone should be liable for this cable. You showed him the plans; if the cables are located elsewhere, you should have known that, after all, you were present during the construction. Everything else is just bad luck.
 

drno1234

2021-09-03 07:52:01
  • #6
First of all, thank you for the opinions. My question was specifically: who is liable? I could not clearly discern that from the statements so far.
 

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