Circuit breaker with known issues failed, food lost. Property manager responsible?

Question

I am a small-time landlord myself, but I have a relative who is a tenant in a very large apartment complex. The complex is relatively new, being only a few years old. The circuit breakers throughout this very large complex have had known ongoing problems, and the management company has only been replacing individual circuit breakers when they act up.

My relative was out of town, and the circuit breaker failed relative to the electrical outlet that powers their refrigerator. Is the property management responsible for the replacement cost of all spoiled food considering the management knew of the problems with the troublesome circuit breakers, but they were only replacing them at the time of each individual failure? My relative's unit has had a couple of the circuit breakers replaced already.

Bill B. · Answer

If they would have tested this breaker the day before it failed, it would have passed. They did what every single home owner in America would have done. They replaced items as they failed. It would be ridiculous to expect the landlord to replaced every circuit breaker in every unit in a “very large apartment complex” because some were failing. They probably have microwaves and garbage disposals failing all the time too, should they all be replaced? Every single one? Maybe all the refrigerators too, the source of the spoiled food.

Every year at a very large apartment building is like 100-200 years in a private home. They probably average at least one repair every day, even in a relatively new complex.

This would definitely be covered by renter’s insurance. If that insurance company thought the landlord was responsible they would go after them for your relative. They can certainly asked but treat any amount of money as a gift or goodwill gesture and expect a hard no. Especially if they require renter’s insurance to rent from them.

Chris Seveney · Answer

@J. B.

No they are not responsible

That is what renters insurance is for.

Craig Janet · Answer

I would sue the manufacture of the circuit breakers, the wire and the landlord. After spending tens of thousands of dollars in legal fees you might get lucky and get a judgment to replace the spoiled leftover spaghetti from last week.

C'mon man. Stuff happens. Stop looking for someone to blame.

Michael Smythe · Answer

Depends on what your lease states!

Scott Mac · Answer

If your friend asks management, the manager will probably cite the lease as saying they are not responsible for the lost food costs.

We are probably looking at $200 to $250 worth of food (at most), I'm assuming.

Bologna, frozen chicken parts, frozen dinners, pop cycles, milk eggs, etc...

Enough that a paycheck to paycheck person will feel the monetary blow.

Tell your friend to go down to the local food banks and pick up some food for a week or two and eat like a king.

Good Luck!

https://www.youtube.com/watch?v=ik267JP4kT0

Nathan Gesner · Answer

They will have a hard time pressing for compensation. I agree it's a little frustrating, but it's probably frustrating for the building owner, as well. This building is new and they have an expectation that the breakers would function properly.

Your relative can try to push for compensation, but I don't think they have a legal case.

Henry T. · Answer

Maybe you could sue the National Electrical Code? All new construction requires AFCI interrupter breakers since 2015 I think? Not Ground Fault, but Arc Fault. They're expensive. They false trip all the time and are a pita. I'm guessing maybe that's what's happening here. They're effective when working properly and guard against electrical fires. There have been many complaints of their reliability.

Rodney Sums · Answer

I sure would like to witness that argument. Could you imagine someone going to court over spoiled food in the fridge?

Sean K. · Answer

While I agree renters insurance may cover this if it is a known problem and it is documented I would tell your relative to call and see if they will pay expense. I say this because all insurance is based on sudden and accidental loss. If this is a known problem then it becomes a maintenance issue which insurance will not cover.

The key here is did the landlord or property mgr send anything in writing or notification about the problem.

Circuit breaker with known issues failed, food lost. Property manager responsible?

Circuit breaker with known issues failed, food lost. Property manager responsible?

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