House Co-Sponsorship Memoranda

House of Representatives
Session of 2013 - 2014 Regular Session

Posted:	January 29, 2014 03:42 PM
From:	Representative David M. Maloney, Sr.
To:	All House members
Subject:	Creating a legal remedy for homeowners who suffer property damage caused by an oil delivery company pumping oil into their basement

I will soon be introducing legislation adding a section to Title 42 (Judiciary and Judicial Procedure) creating a legal remedy for homeowners who suffer property damage caused by an oil delivery company pumping oil into their basement. It has come to my attention that this is a real and growing problem with the increased use of natural gas and the discontinued use of oil to heat homes. When a homeowner switches their heat from oil to natural gas the fuel tank is often removed and the fill pipe remains. If an oil delivery company makes a mistake and delivers oil to the wrong address, that homeowner is left with an oil soaked basement. Often times hundreds of gallons of oil are pumped into a basement and the home is deemed unlivable for extended periods of time. I understand these are mistakes but we need to make sure our citizens are made financially whole when this type of unfortunate mistake happens to them. Under my bill, a homeowner may be eligible for the loss of use of a residence, loss of fair market value, incidental expenses, attorney’s fees and other reasonable expenses. When you hear from a constituent who has had their home ruined, as I have, you will never forget this issue. Please consider cosponsoring this needed legislation.
View Attachment

Introduced as HB2064