Water damage to downstairs neighbor's things

[craigalanche]

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

I sublet my apartment through Airbnb for four days. On the last night of my renter's stay, they flushed the toilet, and it overflowed for some reason. I have one neighbor below me who then came upstairs and claimed that the water had dripped through his ceiling and damaged his computer and other things. The renters claim that they didn't flush anything other than toilet paper down the toilet and didn't understand why it backed up (I don't either, it has never happened). My neighbor informed me the next day that he will be suing me for the damages. He said that if I like I can, in turn, sue Airbnb for damages. It seems to me, though, that this could have happened to anyone who happened to flush the toilet. Am I liable for this? Is my landlord liable for this? Any advice would be helpful.

EDIT: I did not have renter's insurance at the time. I bought a policy as soon as this happened so it probably won't cover it. And I know how dumb I was for not having it.

 

[LdiJ]

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

I sublet my apartment through Airbnb for four days. On the last night of my renter's stay, they flushed the toilet, and it overflowed for some reason. I have one neighbor below me who then came upstairs and claimed that the water had dripped through his ceiling and damaged his computer and other things. The renters claim that they didn't flush anything other than toilet paper down the toilet and didn't understand why it backed up (I don't either, it has never happened). My neighbor informed me the next day that he will be suing me for the damages. He said that if I like I can, in turn, sue Airbnb for damages. It seems to me, though, that this could have happened to anyone who happened to flush the toilet. Am I liable for this? Is my landlord liable for this? Any advice would be helpful.

Do you have renters insurance? If so, turn the claim over to them.

 

[adjusterjack]

My neighbor informed me the next day that he will be suing me for the damages.

Let him. Your defense is that you didn't do it, you weren't negligent, you aren't responsible for the negligence acts of your subtenants.

He said that if I like I can, in turn, sue Airbnb for damages.

Airbnb is not liable either (unless there is something in your contract that says so).

Is my landlord liable for this?

No.

If anybody is liable, it's the subtenant who flushed the toilet and, to be liable, the neighbor would have to prove (not just say) negligence and, so far, I don't see that.

EDIT: I did not have renter's insurance at the time. I bought a policy as soon as this happened so it probably won't cover it. And I know how dumb I was for not having it.

You got that right.