Question

Who is liable for water damage in a condo that leaks into a downstairs condo? negligence not involved?

Recently my boyfriend woke up at 1am to find that a valve had burst near his washing machine and was spraying water all over his kitchen and dining room. He lives in an upstairs condo unit, and the commotion woke his downstairs neighbor as it was leaking into the neighbors kitchen as well. My boyfriends Homeowner's insurance is being great and paying for all of my boyfriend's damage, but not for his neighbor's. Although his neighbor has filed a claim with his own insurance company, they are not working well and the neighbor filed a claim with my boyfriend's insurance, which they have dropped. At this point the neighbor has hired an attorney. I guess if there are any insurance adjustors or attorneys out there, (or anyone who has been through this before) what usually ends up happening in a case like this? Most that I'm reading say that my boyfriends insurance ultimately will pay for the neighbors damage, but we are just worried about being sued personally. Serious responses only please.

7 years ago - 4 answers

Best Answer

Chosen by Asker

NOBODY is liable. Liable means, negligent.

Each property owner is responsible for his own damages. This attorney will probably try to send a couple letters, but there aren't any grounds!! Your boyfriend's liabiltiy policy will NOT pay, but they WILL cover his defense costs, if this goes to court. So I wouldn't worry about it if I were him. Even if he gets sued, the judge will find in his favor. He wasn't NEGLIGENT!! And he won't be out of pocket, except for his property deductible.

Source(s):

7 years ago

Other Answers

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 - 7 years 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 - 7 years ago

I agree with Mbrcatz

by mamatohaley - 7 years ago