Furnace Repair Company to Pay Homeowners for Heating Oil Leak

By Andrew Weatherford

Published on March 11, 2009

Two homeowners have successfully sued a Durham County furnace repair company for a heating oil leak that occurred in their home in 1998. In the settlement, the man and woman will receive $50, 000 for personal injuries caused by oil fumes.

Although no physical effects from breathing the oil fumes in their home have been documented, the man and woman will nonetheless receive $50,000 for the aggravation of having to continually breath in foul odors and having the oil smell permanently in their clothes. The female plaintiff, in particular, was affected by the smell because she suffered from inoperable brain cancer and stayed home most of the time.

The homeowners claimed that the furnace company was negligent in its failure to properly reattach a fuel line after working on the furnace, causing approximately 40 gallons of heating oil to leak underneath their home. The man and woman argued that the resulting contamination and smell prevented them from selling their home.

The defendant will also pay the homeowners for the lost market value of the house.

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