So getting back to my question; Who should be expected to recompense the customer when the overload of an appliance destroys their home when it is not installed according to the MI's, the manufacturer or the installer who ignored the instructions?
For a start,it would seem incredibly improbable that a house would ever be destroyed because an oven's electricity supply was protected by a 32A OPD but would not have been destroyed were it a 16A OPD.
I somewhat tire of the 'blame culture' that we have come to have to live with. My hope would be that thee house's insurer (assuming there was one!) would simply pay up on the basis of the event having been 'one of those things', with no-one being 'blamed'.
However, if it
did happen, if it got into the hands of lawyers/courts and if attempts were being made to'blame'someone,then it would come down to an argument between expert witnesses, and who knows what the outcome would be?
The argument that no-one was 'to blame' would be based on an expert opinion that the installer reasonably believed that an oven is "not likely" to result in an overload current (with the expert agreeing with that view) and therefore that the installation was fully compliant with BS7671. A contrary opinion would have to be that the oven was "likely to result in an overload current" (in which case a Court might ask why it was being sold) and/or simply based on what the MIs said - but the latter would presumably be cross-examined about the reason why the MIs said what they did.
I know which of those two arguments I would personally find the most compelling but, given that legal arguments are as they are,who knows which view would prevail?! If this got to Court,that Court would have to decide whether,"on the balance of probabilities", it felt that the house would not have been destroyed had there been a 16A OPD, although it was destroyed when ut was a 32A one. Again,I know what my personal view about that would be - but,even if it were decided that the house would not have been destroyed had there been 16A protection, it would still be necessary to decide whether anyone was 'to blame', if it were accepted that the installation were compliant with BS7671.