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Carmen M | Am I liable to pay for water damages to unit below my condo ? |
My water heater pipe broke and water filtered to unit below. I don't have homewoners' nor the resident below. Am I responsible for her damages? |
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jdkilp
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Maybe so. Depends upon the laws in your state. |
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BL Tan
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Probably yes but you need to check with regulatory bodies as the law or rules and regulation may change. |
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notyou311
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Yes. You are negligent for not having insurance. |
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bubiandme
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You should have a body corporate that has insurance for all of the units. If you are an owner you would have received a bill for the body corporate. If not unfortunately your screwed. If your renting it the agent will be able to give you more info on body corporates insurance. |
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ktlove
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well, if you were both insured belive it or not the person below you would be the one making the claim. since neither of you are insured, it comes down to pricapal. |
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mbrcatz
 |
Most likely not. She would have to sue you in court in order to get a judgement against you. In order to do that, she'd have to show that you were neglectful, or otherwise CAUSED or CONTRIBUTED TO the damage.
For ACCIDENTAL damage, she's going to have to claim under her own policy.
Not to say she won't TRY to sue you. In which case, if it's small claims court, you just show up, tell them you had no idea it was going to burst, and you didn't cause it. If it's NOT small claims court, you'll likely need to hire a lawyer, and countersue for legal costs.
And tomorrow, go get yourself a condo unit owner's policy (ho6) so that if this happens again, THEY pay the attorney fees. And if it happens to you, with the guy ABOVE YOU, you'll have coverage under your policy. |
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Gambit
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This would depend on why did the pipe break. If it broke because of a maintenance issue, yes you are responsible. If it broke because of an accident, maybe. So if the pipe broke because it rusted, then yes you would be responsible because you did not do anything to properly maintain the unit. If the pipe broke because the unit was improperly installed, then it depends on who installed it. If you used qualified, competent installers, then liability would shift to the company who installed it. If you used unqualified people to do the job to save money, you'll probably be on the hook as it's unlikely the installers will be insured. |
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Blue October
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yes...and that is why you have Condo Insurance (just like homeowners insurance)...you do have condo ins -right? it is always mandated to have....if you don't....you are going to pay it all yourself.
good luck :) |
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