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newuser2013

Junior Member
What is the name of your state (only U.S. law)? California

What is the name of your state (only U.S. law)? California

I subleased a room from person A in a house about six months ago and prior to me moving in, person A leased the house from the homeowner and is under a leasing contract. Upon moving into the house, I was given rights to use the washer and dryer that was already installed in the house (supposedly by person A). About a month after moving in, I put my clothes in the washer and left the house to buy some stuff. I come back into the house about 20 minutes after and discovers the house is half flooded. Immediately after I go inside the house I discover the water that is covering the floor is clear and the hose that releases the water from the washer was disconnected, suggesting that the hose had somehow gotten disconnected during the rinse cycle and the rinse water had flooded the house.

At the time of the incident the homeowner's insurance had took responsibility and covered the damages of the flood. But about a month ago, person A got sued by the same homeowner's insurance company for the damages of the house. The cost of overall repairs is about forty thousand dollars. Naturally A, person A is angry but is now pointing the finger on me and has threatened to sue me for the damages because he believes I am liable for the damages. Although i admit that I mechanically caused a series of events that lead to the house being flooded, I do not believe I am responsible for the damages because 1) person A installed the washer and owns the washer, 2) I did not misuse the washer (I was just washing a regular load of laundry and did not put anything unusual in there nor did I tamper with the washer prior to using it). I believe person A had the responsibility of properly maintaining the washer and the flooding was likely the result of the hose not properly installed correctly (The hose was not taped down or secured in anyway when I started using it). My family and friends thinks this it is person A's fault but I would like some third-person unbiased opinion about this. Who do you think would win in court if I get sued?

Thanks in advance for the feedback.
 


sandyclaus

Senior Member
What is the name of your state (only U.S. law)? California

What is the name of your state (only U.S. law)? California

I subleased a room from person A in a house about six months ago and prior to me moving in, person A leased the house from the homeowner and is under a leasing contract. Upon moving into the house, I was given rights to use the washer and dryer that was already installed in the house (supposedly by person A). About a month after moving in, I put my clothes in the washer and left the house to buy some stuff. I come back into the house about 20 minutes after and discovers the house is half flooded. Immediately after I go inside the house I discover the water that is covering the floor is clear and the hose that releases the water from the washer was disconnected, suggesting that the hose had somehow gotten disconnected during the rinse cycle and the rinse water had flooded the house.

At the time of the incident the homeowner's insurance had took responsibility and covered the damages of the flood. But about a month ago, person A got sued by the same homeowner's insurance company for the damages of the house. The cost of overall repairs is about forty thousand dollars. Naturally A, person A is angry but is now pointing the finger on me and has threatened to sue me for the damages because he believes I am liable for the damages. Although i admit that I mechanically caused a series of events that lead to the house being flooded, I do not believe I am responsible for the damages because 1) person A installed the washer and owns the washer, 2) I did not misuse the washer (I was just washing a regular load of laundry and did not put anything unusual in there nor did I tamper with the washer prior to using it). I believe person A had the responsibility of properly maintaining the washer and the flooding was likely the result of the hose not properly installed correctly (The hose was not taped down or secured in anyway when I started using it). My family and friends thinks this it is person A's fault but I would like some third-person unbiased opinion about this. Who do you think would win in court if I get sued?

Thanks in advance for the feedback.
I think that person A would.

You used the equipment for six months without incident. Person A can argue that the equipment was functioning properly during that time. On the other hand, had you not left while the equipment was in use, you might have noticed the problem far sooner before the majority of damage was done. It can be argued that your negligence in failure to attend the equipment resulted in the $40k damage bill.
 

newuser2013

Junior Member
I think that person A would.

You used the equipment for six months without incident. Person A can argue that the equipment was functioning properly during that time. On the other hand, had you not left while the equipment was in use, you might have noticed the problem far sooner before the majority of damage was done. It can be argued that your negligence in failure to attend the equipment resulted in the $40k damage bill.
I had only used the washer for about 3 weeks prior to the "flooding". Person A moved into the house only a month before I did. Now when did it become common practice for anyone using a washer to bear the responsibility to "attend to the equipment" while washing a load of laundry. Are you saying people should stand in front of the washer for the entire duration of the wash every time a load of laundry is being done?
 

latigo

Senior Member
I had only used the washer for about 3 weeks prior to the "flooding". Person A moved into the house only a month before I did. Now when did it become common practice for anyone using a washer to bear the responsibility to "attend to the equipment" while washing a load of laundry. Are you saying people should stand in front of the washer for the entire duration of the wash every time a load of laundry is being done?
So “A” leased the house, owns the laundry appliances, agreed that as a subtenant you have JOINT use of the appliances and SC believes that you are liable to “A” because you failed to inspect “A”’s washing machince. Marvelous deduction!

But why don’t you propose this to her?

Hypo: SC borrows a neighbor’s car to visit a salon to avoid another bad hair day. She parks the vehicle in front of the salon. While sitting and being re-preened the car’s engine compartment goes up in flames due to a leaky gas line.

Question: Would SC write out a check to the neighbor to replace the vehicle because she “negligently” failed to inspect under the hood to determine whether or not there was gasoline leaking onto the red-hot manifold?

Also, she naively fails to understand that should “A” bring you into the lawsuit and ask for a judgment over against you for any judgment the insurance company recovers against him, that “A” can’t get a judgment against you unless the insurance company is successful in proving his negligence in improperly maintaining the appliance was the direct and proximate cause of the flooding.

And if the insurance company proves that “A” was negligent . . . . . he might have some trouble trying to transfer his carelessness over to you.

And “A” cannot sue you independently because “A” doesn’t own the flooded home.

In sum, my advice is to ignore “A” for the time being and see what develops. Of course if you are brought into the lawsuit, you will need to hire an attorney or file bankruptcy. $40K would buy several new washers.
 

sandyclaus

Senior Member
So “A” leased the house, owns the laundry appliances, agreed that as a subtenant you have JOINT use of the appliances and SC believes that you are liable to “A” because you failed to inspect “A”’s washing machince. Marvelous deduction!

But why don’t you propose this to her?

Hypo: SC borrows a neighbor’s car to visit a salon to avoid another bad hair day. She parks the vehicle in front of the salon. While sitting and being re-preened the car’s engine compartment goes up in flames due to a leaky gas line.

Question: Would SC write out a check to the neighbor to replace the vehicle because she “negligently” failed to inspect under the hood to determine whether or not there was gasoline leaking onto the red-hot manifold?

Also, she naively fails to understand that should “A” bring you into the lawsuit and ask for a judgment over against you for any judgment the insurance company recovers against him, that “A” can’t get a judgment against you unless the insurance company is successful in proving his negligence in improperly maintaining the appliance was the direct and proximate cause of the flooding.

And if the insurance company proves that “A” was negligent . . . . . he might have some trouble trying to transfer his carelessness over to you.

And “A” cannot sue you independently because “A” doesn’t own the flooded home.

In sum, my advice is to ignore “A” for the time being and see what develops. Of course if you are brought into the lawsuit, you will need to hire an attorney or file bankruptcy. $40K would buy several new washers.
I never said "inspect". I simply said that had OP paid closer attention and not left the premises while using the facilities, he *MIGHT* have noticed the problem far sooner, thereby less damage might have occurred. Consider this a mitigation argument. That's where I make him at least partially liable for the damage that, had he not left the house, could have caught long before it got to that magic $40k mark.
 

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