In this case, I would agree that it is not likely that the Inspector will get unquestionably blamed if an electrical element is burnt, because is it difficult to determine when the failure occurred.
However, If there is a way to know something for sure, why not try to protect yourself with this knowledge?
This crap about “not knowing how to do something” is BS.
How many Inspectors are in the Mold, Termite, IR, Radon fields?
That is outside Home Inspection, but HI’s LEARN ALL ABOUT THAT. Knowing for sure that the things that are Inside the Scope of HI are operating IS important. It’s All about ME! Me knowing that something is/is not an issue. Anyone can come back on you when something breaks. Why put yourself at risk more than necessary?
If your defence is going to be that you turned on the t-stat and “felt” warm air come out, rather than you stuck an Amp-probe on it and verified to yourself that it was in fact working, relying on some written contract or SOP for protection than you must be asleep because you are dreaming! These written documents are not going to save you like you think.
I just got done with an Arbitration on a case I was listed as a defendant with others. Of the 14 issues the plaintiff was complaining about, 5 were outside of the HI SOP, the rest were addressed (numerous times) in the inspection report. The plaintiff agreed about the 5 being outside SOP. Still, it cost me $5k to make things go away. I did nothing wrong in my inspection, but it still cost me. The plaintiff was asking for $109,000.00 settlement. Why was I able to settle for only $5k? Because I was able to show, beyond a shadow of a doubt! The Clerk & Master said she had never seen a case in this amount be settled for so little! So, what amount do you guys prefer to settle for when you get to court?
As far as the Inspection Contract you hold so dear, numerous parts of the contract were attacked or rejected. A motion to dismiss was kicked out on arbitration issues. Limited Liability issues were not accepted by the court.
If I had not succeeded in settling my way out of this case my a$$ would likely be fried in front of a jury, regardless of my doing the inspection by the book!
If I was found not guilty, my cost for defence on the numerous ludacris allegations made up by the plaintiffs’ lawyer could unlikely be paid for by a bankrupt plaintiff, and I would have likely just upped my Lawyers bill to try to collect.
Buy the way to add insult to near injury, I was almost killed conducting a re-inspection in this case when a defective electrical panel, identified in the HI Report was not repaired by a Licenced Electrician and exploded in my face.