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Additional Details
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I'm healthy. They already quoted me $18.81 a month. The policy is for $250,000. How does this work?
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savedinhisname | Who is financially responsible when landlord hired unlicenced plumber and ruined our belongings? |
My management company hired the husband of an employee to look at a leaky air conditioner. As he was in the ceiling he burst a pipe, and since he did not shut off the water first it flooded upstairs and downstairs (we live in a 2 story condo). This was almost a week ago. The carpet has fans blowing (since Thursday) and the walls are still wet looking. Now they tell us that all of our furniture, electronics, and personal belongings are our problem, not theirs. I am wondering if the owners homeowners insurance should cover the damages or not? Also would it be a good idea to try and handle this in small claims court? |
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jamesfrye
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There is usually a sole tort feasor who's actions are the proximate cause of a particular accident.
If the "husband of an employee" is a license contractor or is in business for himself then his business as an entity is the tort feasor.
If the man is not in business for himself and was acting at the behest of the building owner (or as a favor) then the management owner is the tort feasor.
If the man was doing this entirely on his own without beign asked by the building owner(s) then he as an invididual is the tort feasor.
Long story short.....If you rent in the building and you have an HO-4 policy (Renter's Insurance) then your personal property will be covered. The building owner's policy will cover buildign damage to walls and floors.
If you own this as a condo then you likely have a HO-6 policy, this will cover your property with limited coverage to the building.
The building owners insurance will likely not cover contents but they likely have a liability policy that will cover this.
The best thing to do, is turn this over to you Renter or condo insurance and let them subrogate the appropriate party and/or their insurance company. After they recover money any deductible will be returned to you.
Your insurance company will have the staff and attorney's necessary to sort out liability and subrogate (collect) their money back.
If you are not insured (and you should be) then ask to speak to the building owner's insurance agent or insurance company directly. Then prepare for a likely hassle. |
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nashvilleghost
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The condo association's property insurance policy may provide coverage for your belongings. Check with the condo association, typically the treasurer, to see if they have filed a claim. If they have not filed a claim yet, get the policy number and name of the insurance company and attempt to file the claim yourself. In the meantime, you need to also file a claim with your own property insurance carrier. Your own insurance company can possibly pay you for your loss, then go after the people or organization that is legally liable for your loss. I don't recommend going to small claims court at this point until you have no other option.
It is important that you document the damage to your personal property. Make an itemized list of your damaged property. This list should include a value for each item. Can the items be cleaned? Dryed? Are the items worth cleaning? Take pictures of all of your damaged property as evidence. Also take pictures of each affected room showing how the water came in.
Who is telling you that your personal property is your problem? Based on what?
Condo association property losses are typically misunderstood. Normally you are responsible for your own personal property. If a storm blew the roof off, normally the condo's building insurance is not going to pay for your belongings. This is why you have your own homeowner insurance. However, if your loss is due to the negligence of someone hired by the condo association, then you obviously have a different situation and have cause to attempt to recover your loss against the condo's management firm.
If you try to tackle this yourself or you are put into a position where you have no other choice and choose to take this to small claims court...you will need to be able to prove that the unlicensed plumber caused the damage to your belongings. Do you have pictures of the leaky ac unit? Can you prove to a judge that the plumber is the proximate cause of your wet furniture?
I would try to let the insurance company (yours or theirs) handle this before you attempt to go to court. |
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nelson_devon
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It is the landlord's fault. Your insurance company should sue them. If they don't find a new insurance company. You should have no out of pocket expense, and if it is not safe to live there (mold) you should be able to get money for that. |
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regerugged
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The plumber who damaged the pipe is primarily liable. He was negligent. The management company is liable on several legal theories: 1. Negligent hiring. 2. The doctrine of Respondeat Superior, the master is liable for the torts of the agent; 3. The lease agreement, if there is one in writing. The tenant has the right to quiet enjoyment.
If you have renters insurance you should use your own insurance. Your company then has the right of subrogation and can pursue a claim against the plumber.
Small claims court may not be an option. You would have to determine the dollar amount of your claim, then determine the dollar legal limit of the small claims court in your area. The small claims limit is as low as $2,000.00 in some areas. |
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VIRDS
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landlord hired the worker, not you. Its the workers fault hired by the landlord. So they are liable for the damage. Send landlord the bill and say lets settle out of court also claim for emotional distress and all that and start looking for a new place cus you may need to move after you sue him. Remember this is not your fault and they have to pay. |
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spirus40
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Looking at a leaky air conditioner does not sound like it's in the scope of "plumbing". While doing plumbing work requires a license, working on an air conditioner may not depending on the State where you live. If you have renters insurance use it and forget about court. You would typically have to pay back the insurance company what they paid out based on what is referred to in legal jargon as their subrogation rights. Your state might also not allow recovery of losses premised on emotional distress or other non tangible type losses. If you have no insurance and the person who did the work is of small financial means (which would be typical), your best bet is to sue the landlord claiming that the person who broke the pipe was an employee of the landlord. If an employee, then the landlord is responsible as long as you can prove that the employee was in fact negligent. Do not assume you can do this just because the pipe broke. You still have to show that he did something careless causing the pipe to break. The fact that the pipe broke does not necessarily automatically prove carelessness or negligence. In addition, many states, including the one I live in, will not hold a landlord liable for the misdeeds of an independent contractor. You need to check your state's law on this. I would also recommend thoroughly reading the landlord tenant laws for your state. They are typically found all in one section of the code books. |
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faery_whispers
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the management company is legally responsible and HAS to reinburse or replace for ALL damaged material. Look up landlord tenant laws. Take it to court if you have to... and find out if that repairman is even BONDED, let alone lisenced. You can get your management company in LOTS of trouble if he isn't... I think with a little knowledge on the subject, you won't need to take it to small claims court. They'll pay up. |
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currious about calculations
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If you are a renter then the owner's home owner policy may not cover the cost. If the landlord hired someone (licensed or not) to do the work and they caused damages, then the landlord and the person who did the work can both be liable. If the damages are more than $5000 (this is the limit of most small claim courts) then you will have to take them to civil court. When they told you that all of your personal belongings are "your problem" they are wrong. Since they damaged them, it is their problem. A good lawyer will probably sue the insurance company of the home owner. I usually tell people to go to a certain website to find a lawyer. It is better than the yellow pages. www.legalmatch.com A lawyer should contact you to tell you whether you have a case or not. good luck |
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