High Court, in recovery action brought by the insurance company in the name of the plaintiffs, grants an award of damages in the sum of €82,313.65 where damage caused by a leak in the plaintiff's home was found to have been caused by the defendant's negligent fitting of a jacuzzi.
High Court - 2007 - defendant carried out plumbing and installation works at property - installed jacuzzi and pump - 26th October, 2014 - leak from pipe to kitchen below - insurance company paid €82,313.65 to plaintiffs in respect of same - action to recover - alleged negligent installation alleged - nut not tightened properly - defendant argues it was in operation for seven years without difficulty - plaintiffs say pump was changed - bar pressure changed from 3 to 5.5 - water supply cut off to get leak to stop - 31st October, 2014 - chartered engineer examined - no further work carried from then to now - used on almost daily basis - water coming out of connection between elbow joint at bottom of flexi pipe and gate valve between elbow and static pipework - four connections loose - pipes can be hydraulically but not mechanically sound - pressure level slightly higher than usual in domestic setting - test not carried out at 2.5 times pressure - director of company argued leak would have been obvious straight away - consulting engineer said 90 degree pipe wasn't a good idea - 5.5 bar pump unusual but not excessive for domestic setting - on balance of probabilities nuts weren't tightened correctly when installed - strains would have been handled better if installed correctly at the time - negligence established - application allowed - two weeks for submissions on costs.