Water damage from a neighbors flood

[elitegolfpro]

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

2 days ago my condo was flooded from my neighbors toilet. It was through no fault or negligence of him but it destroyed the new floors I had installed in my unit. My insurance through my HOA will cover what was originally in the unit but not the upgraded floors. Who is actually responsible in this situation. The leak was totally from the neighbor am I responsible to cover the costs to dry the water and pay for the costs to replace my floors? My neighbor seems to think that because it was an accident that he has no liability to cover our costs, is that accurate?What is the name of your state (only U.S. law)?

 

[ecmst12]

If it wasn't his fault, then he doesn't have to pay for it. You should have had the right insurance to cover what you had.

 

[JustAPal00]

Was it a leaky pipe or an overflow that caused the flood?

 

[SuperLitigator]

if he wasnt at fault

then why are you wet? Clearly he was negligent. Of course he'll say he is not, would not you?

He's responsible.

 

[ecmst12]

The fact that the flood occurred is NOT de facto evidence of negligence.

 

[justalayman]

then why are you wet? Clearly he was negligent. Of course he'll say he is not, would not you?

He's responsible.

so, please tell us how the neighbor was negligent since you are all fired up about claiming he was.

 

[JustAPal00]

What leaked?

Since my question wasn't answered, I'll explain my thinking. If a tub or toilet overflowed, then the neighbor would be negligent. If a pipe between the walls leaked, then the liability would fall on the condo association. Condo owners typically own from the walls in.