Legal Question in Product Liability in Florida

I was at home September 6, 2009 around 12:30 pm and decided to turned on my computer and fax machine when about 10-15 minutes later I heard a pop and smelled smoke. I noticed that the computer was turned off and shortly after an electric company's truck was out in front of my home. He stated that the terminator popped and provided me and a neighbor with a claims phone number. Per representative in the risk management dept 9/9/2009 she would take my complaint and forward to electric company. I waited 3 weeks to get a response today 9/21/2009 stating there's no negligent on their part and that the incident is merely due to wear and tear. They will not pay for my computer nor fax machine and to forward claim to my homeowner's for the reimbursement. I am having electrical issues in my home due to this incident and I had to have my security system redone due to this wear and tear by the electric company. Pleas review and advise if I can fight this.


Asked on 9/21/09, 11:18 am

1 Answer from Attorneys

Alan Wagner Wagner, McLaughlin & Whittemore P.A.

Not in the absence of proving some negligence. You should have had surge protectors -- something that is always recommended.

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Answered on 9/21/09, 11:32 am


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