Dish Liability?

[HobbyTalk]

IMHO, contact your homeowners insurance company and have them cover it. I doubt Dish will cover it. Your only chance may be if you can provide proof that the installer insisted it be installed that way and you can prove that the install was defective.

 

[sam_gordon]

I wonder if there's a case to prove negligence? If the tech improperly installed the dish, would time matter?

 

[NYDutch]

I wonder if there's a case to prove negligence? If the tech improperly installed the dish, would time matter?

The legal costs would likely be more than the repair costs. And the odds of winning would be slim if the installation met industry standards. Is there any evidence that weather related issues like wind did not cause the problem?

 

[Nebugeater]

IMHO, contact your homeowners insurance company and have them cover it. I doubt Dish will cover it. Your only chance may be if you can provide proof that the installer insisted it be installed that way and you can prove that the install was defective.

Honest question. Why would homeowners insurance cover this?

 

[sam_gordon]

The legal costs would likely be more than the repair costs. And the odds of winning would be slim if the installation met industry standards. Is there any evidence that weather related issues like wind did not cause the problem?

Don't know. It was just a thought. If the installation met industry standards, is there any reason for the roof to leak at that point? Assuming it can be proven the installation is what caused the leak of course.

 

[NYDutch]

Don't know. It was just a thought. If the installation met industry standards, is there any reason for the roof to leak at that point? Assuming it can be proven the installation is what caused the leak of course.

I think that's the point. Proving the installation was faulty and the failure was not weather related for instance, could be a costly endeavor. That plus the legal fees would most likely significantly exceed the cost to just repair the damage in the first place.

 

[sam_gordon]

I think that's the point. Proving the installation was faulty and the failure was not weather related for instance, could be a costly endeavor. That plus the legal fees would most likely significantly exceed the cost to just repair the damage in the first place.

Not disagreeing with you. I just wondered if it can be proven the installer didn't install correctly, shouldn't they still be on the hook? Yes, I'm sure it would probably cost more money to prove that, but still curious.

 

[NYDutch]

Not disagreeing with you. I just wondered if it can be proven the installer didn't install correctly, shouldn't they still be on the hook? Yes, I'm sure it would probably cost more money to prove that, but still curious.

I'm not a lawyer, but my best guess would be that any explicit or implied warranty of the installation has long ago expired. Short of some sort of proof that the installation was maliciously done in a way that caused the failure, probably the best the OP could hope for would be a good will gesture from Dish to help with the repair costs. But I wouldn't bet on that happening. Think about it; If you buy a toaster that comes with a one year warranty and it fails after five years due to a poorly crimped wire connection, would you expect the manufacturer to replace it?

 

[sam_gordon]

I'm not a lawyer, but my best guess would be that any explicit or implied warranty of the installation has long ago expired. Short of some sort of proof that the installation was maliciously done in a way that caused the failure, probably the best the OP could hope for would be a good will gesture from Dish to help with the repair costs. But I wouldn't bet on that happening. Think about it; If you buy a toaster that comes with a one year warranty and it fails after five years due to a poorly crimped wire connection, would you expect the manufacturer to replace it?

Don't know that that's the same case. But, let's say that poorly crimped wire was the cause of a kitchen fire. Even after the warranty, IMO (which of course has no legal standing), the manufacturer should still be on the hook. Of course, it would have to be proven that the correct maintenance was done, and the toaster was being operated in an "expected" way. I don't know that "maliciousness" really factors into it.

 

[NYDutch]

Don't know that that's the same case. But, let's say that poorly crimped wire was the cause of a kitchen fire. Even after the warranty, IMO (which of course has no legal standing), the manufacturer should still be on the hook. Of course, it would have to be proven that the correct maintenance was done, and the toaster was being operated in an "expected" way. I don't know that "maliciousness" really factors into it.

Well, since neither one of us is a lawyer, much less a judge and jury, I think we'll have to wait and see what actions the OP takes and what the results are.

 

[chainblu]

Waayyy back when I used to work for an RSP, when we did a roof mount, the customer had to sign a liability waiver. Without knowing if the OP did this, his options may be limited.

 

[sktrus]

We all feel bad about the leaked roof and the damage.Few thoughts:

1- Was the installer employed by Dish or an independent contractor? If Dish employee, Dish may help u with some of the repair cost. (Making an assumption here.)
2- The first thing I would do is get few estimates to find out how much it will cost.
3- Call Dish and talk to high level supervisor, not who answers the call.
4- Find out how long the warranty was. Dish has all the dates. 3 months, 6 or a year? It probably expired.
5- Make few calls to installers in that area and ask what the general policy is regarding this leak and damage issue.
6- Call homeowner insurance company and see what they r willing to do. If they pay for it, will the premium increase?
7- At what point is it homeowner's responsibility to climb up there and check the caulking around holes they drilled? When the warranty expires, everything is on you unfortunately.

 

[HobbyTalk]

Honest question. Why would homeowners insurance cover this?

Same as if you have a skylight installed in your roof and years later it leaks. Or trim/ weather stipping around your windows or doors. Or your sink leaks and damages your floor.

 

[ChadT41]

Honest question. Why would homeowners insurance cover this?

That's what I do for a living now, restoration, and I can say after dealing with home owners insurance everyday, the only answer to give is yes and no. Depends on the policy. Usaa usually covers everything whereas travelers covers next to nothing. Farmers and State Farm are just as bad.

 

[DishSubLA]

Odd. Did the tech want to install on the roof becaue of LOS reasons. I say it is odd because all the techs around here AVOID installing on the roof and always try to find a spot on the eve or even the funky long loopy mast that installs UNDER the edge roof and on the outside wall if the eve is insufficient for the obvious reason that installing on the roof does have the risk of water leaking. I also thought a well known and in the know poster had stated that Dish does not want refelctors/masts installed on the roofs for the very reason of likely damage. Perhaps the tech was a local retailer?

Yeah, try home owners insurance, but it all depends on your policy and if the insuerer is in the mood to pay you or make you work and spend your time to get them to pay. Frankly, it looks like a repair may be on you only because insurance companies live to NEVER pay a claim--unless they have to, but even then, they can make it an impossible case to persuade.