📋 What is Electrical Negligence in California?
Electrical negligence occurs when a licensed or unlicensed electrician performs work that fails to meet the California Electrical Code (CEC), the National Electrical Code (NEC), or reasonable professional standards, resulting in property damage, fire hazards, or personal injury. Electrical work requires a C-10 Electrical Contractor license from the CSLB for any work valued over $500.
Common Types of Electrical Negligence
🔥 Fire Hazards
Improper wiring causing fires, overloaded circuits, missing arc fault protection, damaged insulation
⚡ Code Violations
Work not meeting NEC/CEC standards, improper grounding, undersized wiring, missing permits
🔌 Faulty Installation
Defective panel installation, incorrect outlet wiring, improper connections causing failures
⚠ Shock/Electrocution Risks
Missing GFCI protection, improper grounding, exposed wiring, dangerous junction boxes
🔥 Electrical Fires Are Serious
If electrical negligence caused a fire at your property, you may have claims for the full value of property damage, personal belongings, temporary housing costs, and personal injury. Document everything and contact your insurance company immediately. This guide covers negligence claims - fire victims should also consult an attorney.
California Electrical Licensing Requirements
📚 C-10 Electrical Contractor License
▼California requires a C-10 Electrical Contractor license for any electrical installation, alteration, or repair work over $500. The C-10 license requires passing exams on electrical trade knowledge and California law. All electrical work must comply with Title 24 California Electrical Code and must be permitted and inspected.
⚖ Permit Requirements
▼Most electrical work requires a permit and inspection by the local building department. Unpermitted work creates code compliance issues and liability. If the contractor failed to pull required permits, this is an additional violation. You may need to have the work redone to obtain proper permits.
👥 Unlicensed Contractor Consequences
▼Under B&P Code 7031, unlicensed contractors cannot sue to collect payment and must return all money paid. If you hired an unlicensed person for electrical work, you can recover 100% of payments regardless of whether the work was defective. Unlicensed electrical work is particularly dangerous.
⚠ Verify C-10 License Before Hiring
Always verify a contractor's C-10 license at cslb.ca.gov before any electrical work. Confirm the license was active on the dates work was performed. An expired, suspended, or nonexistent license triggers B&P 7031 disgorgement remedies.
⚖ Legal Basis
California law provides strong protections for property owners harmed by negligent electrical work.
Key California Statutes
Business & Professions Code Section 7031 (Unlicensed Work)
Property owners can recover all compensation paid to unlicensed contractors. The contractor cannot enforce the contract or counterclaim for payment. This applies regardless of the quality of work performed.
Health & Safety Code Section 17920 (Building Standards)
All electrical work must comply with California Building Standards Code, including Title 24 Part 3 (California Electrical Code). Work not meeting these standards is substandard and creates grounds for damages claims.
California Electrical Code (Title 24 Part 3)
California adopts the National Electrical Code (NEC) with state amendments. Violations of the CEC establish negligence per se - the code violation itself proves the contractor fell below the standard of care.
Civil Code Section 896 (Construction Defect Standards)
For new construction, establishes specific functionality standards for electrical systems including proper function, code compliance, and absence of hazards. Provides basis for construction defect claims.
Elements You Must Prove
- Duty of care - Electrician was hired to perform work properly
- Breach - Work failed to meet code or professional standards
- Causation - The defective work caused your damage
- Damages - You suffered actual monetary loss or harm
💡 Negligence Per Se
When a contractor violates the California Electrical Code, this is "negligence per se" - the code violation itself establishes that the contractor breached the standard of care. You don't need an expert to prove what the standard should be; the code violation speaks for itself.
✅ Evidence Checklist
Gather these documents before sending your demand letter.
📄 Contract Documents
- ✓Written contract, proposal, or bid
- ✓Payment records and receipts
- ✓Text/email communications
- ✓Scope of work description
🔍 Code Violation Evidence
- ✓Building inspector report/failed inspection
- ✓Licensed electrician inspection report
- ✓Photos of defective work
- ✓Fire marshal report (if fire occurred)
💰 Damage Documentation
- ✓Repair estimates from licensed electricians
- ✓Property damage documentation
- ✓Insurance claim documents
- ✓Temporary housing expenses (if displaced)
🔍 License Verification
- ✓CSLB license search printout
- ✓Permit records (or proof no permit pulled)
- ✓Bond/insurance verification
🔒 Get a Licensed Electrician Inspection
Have another licensed C-10 electrician inspect and document all code violations and defective work. Their written report citing specific NEC/CEC violations is powerful evidence. Get at least 2-3 written repair estimates.
💰 Calculate Your Damages
Electrical negligence damages can be substantial, especially if fire or other significant property damage occurred.
| Category | Description |
|---|---|
| Repair/Correction Costs | Cost to bring electrical work up to code, redo defective work |
| Property Damage | Damage from fire, electrical failures, water damage from suppression |
| Personal Property | Electronics, appliances, furniture damaged by electrical issues |
| Temporary Housing | Hotel/rental costs if displaced due to hazards or fire |
| Refund of Payments | All money paid to unlicensed contractor (B&P 7031) |
| Personal Injury | Medical expenses, pain and suffering if shocked or burned |
📊 Sample Damages Calculation
Example: Unpermitted Panel Installation with Code Violations
💡 Fire Damage Claims
If defective electrical work caused a fire, damages can include full reconstruction costs, personal property replacement, lost rental income, temporary housing, and personal injury claims. These cases often exceed $100,000 and require attorney representation.
📝 Sample Language
Copy and customize these paragraphs for your demand letter.
🚀 Next Steps
What to do if your demand is ignored and how to escalate your claim.
Escalation Options
CSLB Complaint
File at cslb.ca.gov for license violations, unlicensed work, or code violations. CSLB can revoke licenses and help recover from contractor bonds.
Building Department
Report unpermitted work to local building department. May require contractor to obtain permits or undo work.
Contractor Bond
Licensed contractors must maintain a $25,000 bond. File a claim directly against the bond for damages.
Court Action
Small claims (up to $12,500) or Superior Court for larger claims.
Need Legal Help?
Electrical negligence cases involving fire or significant property damage often require experienced legal representation.
Book Consultation - $125California Resources
- CSLB License Lookup: cslb.ca.gov - Verify C-10 electrical contractor license
- California Electrical Code: Title 24 Part 3 - Full code requirements
- Local Building Department: Permit verification and code complaints
- State Fire Marshal: Fire investigation reports and electrical fire statistics