Electrical Safety Query

Joined
7 Sep 2007
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Manchester
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United Kingdom
Hi All - I need some advice please.
I have had some work done to my house by a company who specialise in all aspects of refurbishments. They had to remove plaster to install damp proof course. A storage heater was on the wall, wired to a switch unit (similar to a basic wall light switch) which was also attached to the wall.
When I returned to property I found the heater had been removed & they had disconnected it from the electric switch (as expected) but they left the cable from the electric supply lying on the floor with all the bare wires exposed. I contacted a certified electrician asap, who confirmed that the cable was live from the mains supply & informed me that had I touched the exposed wires I might not telling this tale! When I informed the company who carried out the work, they said 'sorry' & offered to reduce the £1500 bill by £50.
I am shocked (!!) by the thought of what could have happened & now worried that all work done may be poorly executed. Surely they should have had an electrician remove the heater SAFELY & leave my property safe - & charge me more if necessary, for qualified tradesman. Is there any action I can take against this company? All advice welcome.
 
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Similar situation with light switches in an old age pensioners house.

Her son contacted the Trading Standards Officer and had a substantial reduction in the price enforced.
 
I think Health & Safety Executive might be a better bet.

Did you take a photo of it before the electrician made it safe?
 
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If you mean legal action, the question you have to ask and answer is - what's your loss?

In law - contract law - you can only claim compensation for loss or damage actually suffered as a result of breach of contract. There is, alomost certainly, a breach of contract but, as you have not suffered an actual loss, you have no claim. (In the US they have a system of 'exemplary damages' but not applicable here.) If you had to call out an electrician to make safe you would be able to recover that cost.

You could bring a claim on the basis of breach of duty of care. Breach of duty of care gives rise to a tortious liability and you have to prove (a) negligence and (b) a loss or injury. It's pretty certain that the contractor owed you a duty of care and it's self-evident that they were negligent. You can, in theory, claim for mental anguish caused by the breach as well as death or injury and material loss but it would be hard to prove and harder to value.

So you really have limited scope for legal remedy. There is potential mileage in an embarrassment claim, as mentioned above. You could suggect a more substantial price reduction is appropriate and dangle the possibility of not making a complaint to trading standards or HSE as a quid pro quo.
 

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