Legal Question in Employment Law in New Hampshire

Maintainance Tech's Tools Destoryed by Fire, Owner Putting off Replacing

My Husband is a maintainance tech for a NH company and required to provide his own tools, which he has been getting for over 25 yrs. The company had a fire of which all the tools were destoryed. The owner keeps saying that the tools will be covered by the company insurance but has not made any effort to do so yet. These maintainance guys are still required to do the work that requires these tools, but are not getting the money or tools to replace what was lost. The replacement cost of the tools lost for my husband is $55,000.00. We don't have this kind of money to replace these, and my husband is so discouraged and fustrated. We don't know what to do. Any sugestions as to what we can do, what are his legal rights?


Asked on 2/08/02, 3:15 pm

1 Answer from Attorneys
James Fiorentini Fiorentini Law Office

Re: Maintainance Tech's Tools Destoryed by Fire, Owner Putting off Replacing

I need to know more to give you advice, but here are some general rules:

1. If someone negligently or carelessly started the fire, or allowed it to be started, or allowed it to spread, you may be able to bring a lawsuit against that person or entity for "negligence." For example, if the owner did not comply with the building code, life safety code or fire codes, you may have a lawsuit there.

2. You may be a named insured on the owner's insurance policy, in which case you collect automatically without having to show negligence.

3. Your husband may have some contract or lease which either gives him some rights, or makes it more difficult to collect. You need to check those carefully.

All of this sounds, frankly, more complicated than can be done on one of these bulletin boards. If you have not seen an attorney, you should.

Our office would be happy to assist you if you do not already have counsel. You can learn more about us at www.FiorentiniLaw.com, or please feel free to call us at 1-800-834-6964 to schedule a consultation.

Fiorentini Law Office

Atty. Jim Fiorentini

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Answered on 2/08/02, 7:58 pm


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