Who is liable for water damage in a condo that leaks into a downstairs condo? negligence not involved?
I agree with Mbrcatz
by mamatohaley+1 - 4 hours ago
This would depend on why did the pipe burst. If it can be proven that it was a defect in materials or workmanship, then whoever made and/or installed the pipe may be liable, although your boyfriend might take the hit if he was the one who hired them. He could then go after the company who installed it. If there was any evidence of failure to properly maintain your unit, then your boyfriend would be. If it cannot be proven why the pipe broke, then the downstairs neighbour would be SOL. A sympathetic judge/jury may rule in their favour anyway, however as they do have their own insurance the judge may tell them to sort it out with their own insurer.
by Gambit - 4 hours ago
If the valve was part of your boyfriend's property, he is liable. If it is considered part of the "shared" piping infrastructure, it is the condo association's liability. We had something very similar a couple months ago, and the upstairs neighbor's insurance is going to take the hit.
by Patrick J - 4 hours ago
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