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Who is liable for property damage?

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skimdt

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

some background information:
I live in a condo.
I don't have insurance inside my condo.
My HOA has a master insurance.

Last Saturday my upstairs neighbors water filter broke, causing a flood in his kitchen. The water dripped down into my condo causing damage to my walls and to my laminate floors.

It is currently under investigation. My neighbors insurance company is claiming that if the water filter is defective, than my neighbor is not liable for my damages and the insurance company will not pay for my damages.

Isn't my neighbor still liable since the water came from his unit?
Who is liable?
 


LdiJ

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

some background information:
I live in a condo.
I don't have insurance inside my condo.
My HOA has a master insurance.

Last Saturday my upstairs neighbors water filter broke, causing a flood in his kitchen. The water dripped down into my condo causing damage to my walls and to my laminate floors.

It is currently under investigation. My neighbors insurance company is claiming that if the water filter is defective, than my neighbor is not liable for my damages and the insurance company will not pay for my damages.

Isn't my neighbor still liable since the water came from his unit?
Who is liable?
Make a claim with your own insurance company and let them battle it out with the other insurance company. That is why you have insurance.
 

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