[law]

Because it results in uncontrollable externalities.

Take the electrician example: what happens if an unlicensed electrician kills himself when performing work? Does his family get to collect from your homeowner's insurance? Can they sue you? Are you criminally liable?

What about when you sell the house? Should you have to disclose that someone unlicensed did the wiring? What if you don't and the house ignites in a fire one night caused by improper wiring, killing the future owners, are you responsible? Is the electrician?

And you don't even want to touch the potential for abuse... regulation causes a lot of problems, I completely agree. But it serves to protect the public; we're effectively paying for protection against deception that capitalizes on our lack of knowledge in a specialty. That's worth protecting.

[learc83]

>Are you criminally liable?

There's nothing in the current law about granting you immunity from criminal liability as long as you hire a licensed electrician, so that's a completely moot point.

>What if you don't and the house ignites in a fire one night caused by improper wiring, killing the future owners, are you responsible? Is the electrician?

In most jurisdictions you can already preform electrical work on your own property. If you install a ceiling fan should have to disclose to the new owner that it wasn't installed by a licensed electrician? Are you responsible for killing the future owner? There are scores of people installing their own light fixtures, where's the public outcry over all the dead homebuyers?

What happens when you hire the unlicensed kid next door to cut your grass, and he cuts off his foot?

What happens when an unlicensed painter falls off a ladder and kills himself?

If you want protection from damage caused by people you hire to work on your house, only hire contractors who are insured. Make them present proof of insurance before the job begins.

[rprasad]

Fun fact: in California and New York, you are legally required to inform the new owner that the fan was not installed by a licensed electrician if the installation involved any more electrical work than simply plugging it into an outlet.

You would not be entirely responsible for killing the future owner...but yes, under the doctrine of negligence, you would be at least partially responsible for killing the future owner. In fact, this is one of the first things you learn in your first year of law school.

The unlicensed kid: That depends on how he cuts off his foot. Was he distracted? Was your wife distracting him at the time sunbathing nude next to the pool? Was he using your mower? Was your mower broken?

Unlicensed painter: Also depends on the specific facts. Was it his ladder? Why did he fall off the ladder? What did he fall onto? Would such a fall normally have killed a person? What special facts in this situation resulted in the painter's death?

Protection from damage: You're spot on. In fact, in Ohio, you're required to hire only licensed and bonded (i.e., insured) contractors for renovations or construction work. Moreover, contractors are required to provide proof of license and bond before they begin work or try to collect payment.

[law]

@learc83: the difference between professions requiring and not requiring licensure is the foreseeability of the risks. A reasonable person should be able to foresee the risk that a painter might fall from a ladder. A reasonable person might not be able to foresee the risks associated with installation of wiring by an unlicensed electrician.

[learc83]

>the difference between professions requiring and not requiring licensure is the foreseeability of the risks.

No, the difference is in the lobbying power of industry incumbents. A quick search will show that there are states where interior decorators, and trumpet players are required to be licensed.

I think the law can assume a reasonable person would be aware of the dangers of electricity. Most states have moved away from requiring gas pump attendants--is a reasonable person aware of the dangers of gasoline? If so why not the dangers of electricity?