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Negligence
Does my son have recourse after a fire caused by unlicensed work?

Does my son have recourse after a fire caused by unlicensed work?

Full question:

My 53 year old disabled son lives in a Resident Owned Mobile Home Park. His mobile home burned down. He had work done on his place by a Board Member who advertised he was an electrical engineer, but we now find he does not have a license. The fire appears to have been caused by faulty wiring. Does my son have any recourse in this matter? He lost everything in the fire.

Category: Negligence
Date: 04/07/2025
State: Florida

Answer:

Your son may have legal recourse due to negligence. To establish a negligence claim, he must show that the Board Member owed a duty of care, failed to uphold that duty, and that this failure caused the fire and subsequent damage. The fact that the Board Member was unlicensed can support the argument that they did not meet the required standards, which may have contributed to the fire.

Proving causation can be challenging, especially in fire cases. Expert testimony from fire inspectors and reports may be necessary to demonstrate that the fire was caused by the Board Member's actions or lack of care, and to rule out other potential causes.

It's advisable to consult a local attorney who can review the specific circumstances and documents related to the case. Additionally, under Florida law, contracts with unlicensed contractors are generally unenforceable, which may impact any claims against the Board Member (Fla. Stat. § 489.532).

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

What should I do if my contractor is unlicensed?

If your contractor is unlicensed, you may have limited options for legal recourse. Contracts with unlicensed contractors are generally unenforceable in Florida, meaning you might not be able to recover damages through a breach of contract claim. However, you can still pursue a negligence claim if you can prove that the contractor's actions caused harm. It's important to consult with a local attorney to explore your specific situation and options.

Can I sue an unlicensed contractor for damages?

Yes, you can sue an unlicensed contractor for damages, but it may be more challenging. In Florida, contracts with unlicensed contractors are typically unenforceable, which complicates claims based on contract law. However, you might still pursue a negligence claim if you can demonstrate that the contractor's lack of a license contributed to the damages. Consulting with a legal professional can help clarify your options.

What is negligence in a legal context?

Negligence in a legal context refers to the failure to exercise reasonable care, resulting in harm to another person. To prove negligence, you must show that the responsible party owed a duty of care, breached that duty, and that the breach directly caused the injury or damage. In cases involving contractors, proving negligence can involve demonstrating that their work did not meet accepted standards.

How can I prove my claim against a contractor?

To prove your claim against a contractor, gather evidence that supports your case. This may include contracts, photographs of the work, expert testimony, and reports from fire inspectors or other professionals. You need to demonstrate that the contractor's actions or lack of care directly caused the damage. Consulting with an attorney can help you build a strong case.

What are the consequences of hiring an unlicensed contractor?

Hiring an unlicensed contractor can have several consequences. In Florida, contracts with unlicensed contractors are generally unenforceable, meaning you may not be able to recover damages through legal action. Additionally, unlicensed contractors may not adhere to safety standards, increasing the risk of accidents or damage. It's crucial to verify a contractor's license before hiring them to protect yourself legally.