Damage to Holiday Home Which I Don't Believe We're at Fault for

LUmcookies on 05/01/2018 - 20:34
Last edited 05/01/2018 - 22:27 by 1 other user

Hello fellow Ozbargainer's,

I come to you today with a situation, not asking for legal advise. Merely advise from adults as this is the first time I've been in this situation and a little lost.

So over the new year period I rented a house for a group of friends, great location blah blah bla, was a great place for the most part. One night we decided to dine in and cooked dinner at the house on the inside gas cook stove. Once everyone is done eating dinner and we start to clean up we notice a discoloration/stain/charing of the wooden skirting around the window just behind the gas cook-top.

Now of course the owners are seeking damages to their property, HOWEVER, the particular cooktop that 'caused' the damage, (despite normal use, IE. no spillage or incorrect usage) is aprox ~100mm away from the wooden skirting. After a little google-foo in my panicked state I discovered the minimum distance for a cooktop to a flammable surface is 200mm, otherwise it needs something like a splashback, which this particular cooker did not have.

IMO it's entirely fair their seeking damages however this damage was caused by no fault of our own, and in my eyes by a illegally installed cooktop. Is this something worth fighting or is it going to end up in a drawn out legal dispute despite what I believe to be pretty damming evidence it's wasn't exactly our fault?

Appreciate anyone taking their time to read this and any advice they may have.

Travel

Comments

  • dcep on 05/01/2018 - 20:45
    +1

    "discoloration/stain/charing of the wooden skirting"

    don't think the heat/fire can reach the skirting, more like large pan got near to the skirting

    • Umcookies on 05/01/2018 - 20:59

      Well it was being used to cook dinner, so a pan was definitely on top of the burner. It is also the second largest burner of the cook top, closest to the skirting.

      • CheapSticks on 05/01/2018 - 21:48

        IMO if the damage was caused as you note it to be - ideally you shouldnt be held responsible. However, the question is why the same or similar damage didnt happen when it was rented previously?

        • Umcookies on 05/01/2018 - 22:23

          To be honest I'm not sure myself, maybe being a mostly holiday rental people eat out a lot, lucked out or use smaller pans than we did.

  • bobbified on 05/01/2018 - 20:45

    HOWEVER, the particular cooktop that 'caused' the damage, (despite normal use, IE. no spillage or incorrect usage) is aprox ~100mm away from the wooden skirting. After a little google-foo in my panicked state I discovered the minimum distance for a cooktop to a flammable surface is 200mm, otherwise it needs something like a splashback, which this particular cooker did not have.

    Did you get pictures of the gas stove and the area around the discolouration?

    What channel is the owner seeking damages through? Is it through something like AirBnB?

    Whether it's AirBnB or another medium, I hope they are reasonable and have enough common sense, if what you're explaining is correct.

    Even if it was the pan deflecting the flame towards the skirting, I still don't think you're responsible for any damage since having a pan on the stove would considered normal use.

    • Umcookies on 05/01/2018 - 21:06

      Got pictures after the fact, unfortunately not before the damage occurred.

      And so far it's just been personal contact.

      • bobbified on 05/01/2018 - 22:56
        +1

        And so far it's just been personal contact

        How much are they claiming for damages?

        I would've thought that they would go through something like AirBnB or wherever you efind them and claim damages from your deposit.

        How did you find and hire the place?

        To be honest, if that happened to me and they were contacting me personally, I'd tell them straight out that I used the stove as any normal human being would and if they wanted damages, they can sue me. They may or may not go ahead with suing me, but I'd definitely be putting up a fight (not a physical one, of course!).

        • Umcookies on 05/01/2018 - 23:21

          No value has been mention as of yet, perhaps they're looking for me to claim responsibility or hope they can scare us into paying before it goes much further. We did only arrive home yesterday, most likely too early to get anyone in to give a professional quote.

        • bobbified on 06/01/2018 - 06:47

          @Umcookies:

          Are you trying to avoid mentioning where found the place or how you hired the place?

          I'm asking because I think it'll make a difference to the final outcome and/or how they would be claiming damages.

        • Umcookies on 06/01/2018 - 23:29

          @bobbified:

          You're entirely correct that I'm trying to avoid answering where/how we found the place, I believe the less identifying information I have public the less likely they are to find it should it go further. Why? Who knows I'm almost positive I'm being too cautious but without legal consult I'm really not sure how much or how little I should be talking about. And once its out in the interwebs its out there for good, hell I could get a key piece of information wrong which would compromise our side of the argument.

          I appreciate the advice so far and I know I'm being a little frustrating but you've shared more than enough of your insight already and appreciate the help.

        • bobbified on 06/01/2018 - 23:47

          @Umcookies:

          You're entirely correct that I'm trying to avoid answering where/how we found the place, I believe the less identifying information I have public the less likely they are to find it should it go further.

          I understand what you're saying, but honestly, it won't be difficult to find your contact information.

          Unless you paid by cash, your bank account or credit card details will be on record.

          Truth is, you've really done nothing wrong in the situation.

          Good luck with it and come back and let us know when it's eventually sorted.

          Cheers.

  • JimmyF on 05/01/2018 - 20:58

    Pictures…….

    • Umcookies on 05/01/2018 - 21:11

      Happy to send them in a PM, prefer not to have them publicly available. If you so desire of course.

      • Slippery Fish on 05/01/2018 - 23:25

        Yes.

        • Umcookies on 06/01/2018 - 00:04

          And sent, if you get a chance please confirm/describe what I've sent in PM.

        • Slippery Fish on 06/01/2018 - 09:57

          @Umcookies: you were right about to close, tell them to put a bit of paint over it and if they wish to charge you then you will need to have it inspected.

          Also it's definately heat off the pot, darkened the top of the wood not the bit near burner.

  • nwa on 05/01/2018 - 22:23
    +1

    take it easy, hold your ground, you are correct and don't have to pay.

    • Umcookies on 05/01/2018 - 22:29

      That's reassuring to hear, fingers crossed they understand our side of the argument.

      • nwa on 05/01/2018 - 22:37

        If they don't understand hopefully lawyers or courts will, by not taking the case or dismissing it.

        • Umcookies on 05/01/2018 - 23:18

          To be entirely honest I hope it doesn't come to that, the house is in a different state and the travel alone to be present would most likely cost more than the repair, if it comes to that of course.

        • nwa on 05/01/2018 - 23:27
          +1

          @Umcookies: for their sake yes, easy win for you to claim court costs and damages and go for another holiday same time.

  • hawkeye on 06/01/2018 - 21:14

    A stick of timber skirting from Bunnings would be less than $5 a meter.
    Theyre lucky the place didn't burn down or they'd be charged with manslaughter.
    What where they complaining about again?

    • Umcookies on 06/01/2018 - 23:32

      Just seeking funds to repair the damage, I've replied with our side of the story and the relevant reasons why I don't believe we should be at fault. Nothing too scary as of yet and no invoices from repair works so I don't believe they've had anyone in yet.

      Just waiting for a reply now.

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