Home     Law Advice     Insurance Advice     Community    
Go Back   FreeAdvice Legal Forum > INSURANCE > Life Insurance & Annuities

Powered by Attorney Pages


  Find An Attorney In Your Area    
 



Sign up for our Free Email Newsletter
For Email Marketing you can trust
Reply
 
LinkBack Thread Tools Rate Thread Display Modes
  #1  
Old 06-23-2003, 09:40 PM
justmichael
Guest
 
Posts: n/a
Post

Water Leak from Neighbor AC unit


What is the name of your state? Virginia

Neighbor's condensation drainage pipe was misaligned causing water to seep into our adjoining wall and causing $3500 of water/mold property damage. Their insurance (Nationwide) rejected the claim citing our neighbor were not negliant because the pipe 'may' have been misalign due to longterm vibration and neighbors acted with due diligence once notified. With that there are not legally liable as well. My insurance rejected the claim because their was mold (they have a mold exclusion).

Tried to settle with my neighbor directly but that failed. I am now taking my neighbor to civil court for property damages substained.

A couple of questions here:
1) Is ignorance a good defence against liability? It is not disputed that the property damage source is my neighbor's faultly equipment but rather my neighbor was not originally aware of it?

2) Do I have to prove neighbor was neglient or do I can I simply state there are responsible for equipment on their premise and therefore at fault?

3) What is the definition of neglience? Is it ill-intent or unattentive?

Also, the damage was not visible until the exterior wall was removed and then it was obvious and substantial. The contractor doubted we could have this type of damage and my neighbor to have none. I am not aware any remedial action that neighbor performed to effect repairs on their side of the wall.

3) Can I legally request proof of inspection or repair?
4) If I can prove they did not effect repairs does that prove neglience?

Trying to figure out if I do have legitimate case or not. I kind of thought this fit the 'baseball through the window' analogy but then I can not figure out the other side arguement or what is the 'letter-of-the-law'?

Any knowledgable insight is appreciated,

Michael
Reply



Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
 
Thread Tools
Display Modes Rate This Thread
Rate This Thread:

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is Off
HTML code is Off
Trackbacks are On
Pingbacks are On
Refbacks are On
Forum Jump

All times are GMT -5. The time now is 05:23 AM.



IMPORTANT NOTICE
THE VIEWS EXPRESSED ON THIS PAGE WERE NOT REVIEWED BY THE EDITORIAL STAFF OR ATTORNEYS AT FREEADVICE.COM. Thousands of professionally prepared and reviewed questions and answers in 130 legal categories are to be found at the Question and Answer pages at FreeAdvice.com.

F
reeAdvice Forums are intended to enable consumers to benefit from the experience of other consumers who have faced similar legal issues. FreeAdvice does NOT vouch for or warrant the accuracy, completeness or usefulness of any posting or the qualifications of any person responding. Use of the Forums is subject to our Terms and Conditions which prohibit advertisements, solicitations or other commercial messages, or false, defamatory, abusive, vulgar, or harassing messages, and subject violators to a fee for each improper posting. All postings reflect the views of the author but become the property of FreeAdvice. Information on FreeAdvice or a Forum should not be relied upon and is not a substitute for advice from an attorney licensed in your jurisdiction who you have retained to represent you. To locate an attorney visit AttorneyPages.com. Copyright since 1995 by Advice Company. All Rights Reserved.