Question from a reader:
I have a question about the air conditioning unit in the group home rented by a non-profit organization. If a resident requests cleaning of the air conditioner and the plastic fasteners become warped or damaged, will there be any liability for compensation?

Non-Profit Organizations and Air Conditioner Cleaning: Considering Liability

When a resident requests cleaning of the air
conditioner in a group home operated by a non-profit organization, the question arises as to whether liability for compensation occurs if the fasteners become damaged. This is actually a rather interesting issue. In this article, I will explore this matter from a legal perspective while sharing my opinions and experiences.

The Importance of Air Conditioner Cleaning

First, I would like to consider why cleaning the air conditioner is important. In communal living situations like group homes, air quality directly affects the health and comfort of residents. If the air conditioner is dirty, mold and dust can circulate, potentially causing allergies or asthma. Given this, requesting air conditioner cleaning can be seen as a very important action.

Basics of Liability

Now, let’s take a closer look at liability. Generally, for liability to arise, elements of “tort” (Civil Code Article 709) or “breach of contract” (Civil Code Article 415) are necessary. In other words, if someone violates the law and causes damage to another person, that person becomes liable for compensation. In this case, the issue arises when a resident requests air conditioner cleaning and the fasteners break. However, it is crucial to determine whether the fasteners broke due to someone handling them carelessly during cleaning or simply due to aging or deterioration. This is an important point.

Contractual Relationship of Cleaning Requests

When a resident requests air conditioner cleaning, a contract is established between the resident and the person performing the cleaning. The cleaning is conducted based on this contract, but the extent of the duty of care that the cleaning service must uphold can vary depending on the contract’s content. For example, a typical cleaning service has an obligation to perform their work with a certain level of care. This is referred to as the “duty of care of a good manager,” and if there is negligence, liability for compensation may arise.

Considerations Regarding Plastic Fasteners

However, in this case, the issue revolves around the plastic fasteners. Plastic is less durable than metal, making it more susceptible to aging. Therefore, even if the cleaning service pays attention to the fasteners, if there were pre-existing issues with their condition, it may be difficult to hold them liable for compensation. For instance, I recall a situation from when I worked part-time at a judicial scrivener’s office. A client requested cleaning of an old air conditioner and reported that a fastener had come loose. Upon investigation, it was determined that the fastener had deteriorated over time, and thus the cleaning service was found not to be responsible. Indeed, the cleaning service had fulfilled their duty of care, but considering the condition of the fastener, they did not need to bear liability.

Residents’ Rights and Responsibilities

Of course, residents also have rights and responsibilities. For instance, if a resident fails to explain the condition of the fasteners when requesting air conditioner cleaning, it may be difficult to pursue liability for compensation. It is also an important responsibility for residents to understand the condition of the air conditioner and communicate it appropriately to the service provider. Additionally, when selecting a cleaning service, residents should choose a reliable one. Depending on the choice of service provider, there may be inadequate responses or negligence, which is also an important point to consider regarding liability.

Conclusion and My Opinion

In summary, when requesting air conditioner cleaning, even if the plastic fasteners break, liability for compensation is unlikely to arise unless the cause is due to the negligence of the cleaning service. However, this can vary depending on the specific circumstances, so it cannot be stated categorically. As I reflect on this issue, I believe it is important to consider not only the legal perspective but also the psychological aspects. Particularly, the communication and expression of opinions among residents living together is a topic distinct from liability, yet it is very important. Finally, prevention is key in all matters. When requesting air conditioner cleaning, it is essential to communicate clearly with the service provider and confirm the condition. I hope to prioritize not only legal considerations but also psychological considerations so that everyone can enjoy a comfortable living environment.