Quote Originally Posted by ironpit View Post
If the PAYING CUSTOMER gets hurt from a product such as the one in question, mr. homeowner will be right there suing the tech who let the faulty product stay in service. there comes a point that the contractor has to look out for himself.
Which is why I said earlier that I'd sign away my rights to sue, and that I'd been informed of the risks, blah, blah, blah.

I shut down a bowling alley on the weekend of a big tournament, because of their dangerous furnaces. They weren't happy. My wife's boss was scheduled to bowl that weekend. Didn't make her happy. I did my job.
That is a different situation. It's a business, and risking the safety of the public.

Quote Originally Posted by hearthman View Post
Now, as for the technician's legal authority, this is a grey area. However, having worked on this issue for a major fireplace mfr.'s legal team, I can assure you if a technician finds an installation that meets the definition of "dangerous" yet fails to tag out/ lock out or document informing the client, he takes on a HUGE liability. Basically, a Tag Out/ Lock Out or TOLO is to protect the occupants from injury and to legally protect the technician and his employer.
Specifically in this thread, the only danger is when first turning on the appliance. If the homeowner is willing to stand back and remove his face from the fireplace glass, there is no danger.

Again, I'd be willing to sign away my rights to sue you, but I won't sign away my rights to boot your ass out the door if you decide to sabotage my appliances.

FYI, the technician can take you to small claims court and collect for the service call because he did what he was supposed to do--inspect the system for problems and hazards.
And you'd win, but it would not be worth your time. If you're vindictive enough to sue customers after you sabotage their equipment, then my perceptions are validated.

Think about why you call a professional technician in the first place: to inspect and service the unit. Would you want a car mechanic to change your oil even if he saw your brake line cut or steering linkage separating? To do so would imply the car was fit to drive, which it is not.
A car mechanic doesn't confiscate my car if he sees I have problem brakes. He informs me of the defect, explains the risks, and then lets me decide what I want to do.

You guys sound like you're on some kind of power trip. I'd like to see you try that against someone that doesn't take kindly to your smug attitude. I hope your next Majestic fireplace service call is at a biker gang club house.