Is a Repairman Liable For Breaking an HVAC Unit?

Rav Yitzchak Grossman

Question: My air conditioner was not working well so I called a repairman to fix it. While working, he damaged the entire HVAC unit. Is he liable for the damage he caused? 

Answer: While a worker is liable for malpractice in some cases, there is a dispute amongst the Poskim if his responsibility is that of a mazik (a damager), or that of a shomer (a custodian). A major difference would be if he is liable for damages to karka (land). A mazik is liable for damage to land, while a shomer is only liable for damages that occur to moveable objects and not to land. Furthermore, even if he is classified as a shomer, there is another dispute if he is exempt from damages to karka only if the damage happened by accident or even in cases where he is grossly negligent. Additionally, there is yet another machlokes if items that were moveable and were then attached to the ground – like this HVAC system – are considered karka or not. 

In any case, if the worker is classified as a mazik, he could be held liable for damages to karka, but if he is a shomer, whether or not he could be held liable in this instance revolves around numerous differences of opinion.  

Question:  What if he had disconnected the HVAC unit from the wall and had taken it to work on it in his shop? 

Answer: I think that once the unit is disconnected from the ground, it is clear that it is not karkah and the ordinary laws of malpractice would apply.