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My husband and the inspector met the owner at his property for the inspection. The inspector went upstairs, ran the bath tub water, forgot about it for 45 minutes, and came back to a very big mess. Damage was controlled but cleanup costs were $2,000. The owner is now suing us for the damage costs ... taking us to small claims court. I realize this is more of a legal question, but are we in any way liable? The inspector has denied any responsibility, which is ridiculous. We are not clear whether the owner has taken the inspector to court or if he is suing us both at the same time. Both owner and inspector will not discuss this with us. A: I would be lying if I said I never made a mess or damaged someone's home in the past 25 years, but the two times this has happened I either made the repairs or turned the claim over to my insurer. For the inspector to deny responsibility is "ridiculous" unless you or the buyer ran the tub after he left. One question you or the inspector might have is WHY did the tub overflow? Was the stopper in the drain or was the drain clogged? If the stopper was in the drain, it's the inspector's responsibility. If the drain was clogged, it is the homeowner's responsibility to tell you the drain is clogged and not to use the tub. You then tell the inspector not to test the tub. If the drain is damaged and leaks to the ceiling, it's the homeowner's responsibility. As you said in the beginning, it's going to court. Have your attorney check the contract you signed with the home inspector You do have a contract, don't you? Check the Web site of the American Society of Home Inspectors (ASHI) at www.ashi.org to see if the home inspector is a member or candidate of ASHI or not affiliated at all. Then check the Standards of Practice of ASHI to see if they have been followed by the inspector. Does your state require licensing or registration of home inspectors? Is insurance required in your state or county? Who referred the home inspector to you? All of these questions need to be answered before going to court. These are the questions that should have been asked before hiring a home inspector because we're not all cut from the same cloth. Some are better at inspecting homes while some are better at marketing their services. ASHI's Web site has a list of questions to ask before hiring an inspector. You might also check on the attorney before hiring one. Over the years I've been disappointed by more than one learned barrister. (Dwight Barnett is a certified master inspector with the American Society of Home Inspectors. Write to him with home improvement questions at C. Dwight Barnett, Evansville Courier & Press, P.O. Box 286, Evansville, Ind. 47702.) SCRIPPS HOWARD NEWS SERVICE Scripps Media Center 1090 Vermont Ave. N.W. Suite 1000 Washington, D.C. 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