Volume 14, Number 1 · January 2004

Differing Consumer Remedies

Have you ever wondered why a dissatisfied customer can sue his physician for malpractice (negligence) but must file his claim against his plumber for breach of contract?

Judge Stanton Wettick, a respected Pittsburgh judge, in July 2003 addressed and clarified the difference in a recent claim filed against a computer consultant.

Professional negligence claims may only be filed where the outcome cannot be guaranteed. Doctors, lawyers, accountants, etc., can only offer skill and knowledge normally possessed in their profession to achieve the goal of a client or patient.

Even though skill, training and performance to high standards may be required of the tradesman or computer consultant, the customer contracts for a defined result which may even have warranty protection.

Judge Wettick noted the trend against using tort law to redress claims stemming from contractual relationships which specify fixed amounts or outcomes.

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