<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by StephLMcMurray:
A toilet pipe in my neighbor's apartment burst, through no fault of her own, and flooded her entire apartment, and my two rooms that were on the shared wall. The water caused extensive warping and damage to my bedroom furniture, which is made out of wood. The owner of the building said that he didn't feel that my furniture was damaged (you have to look and feel at the bottom to tell the extent), and his insurance company would not pay anyways. Can the owner of the building be held liable for my personal property? I want to take him to small claims court over it, but I don't want to go without a legal basis.<HR></BLOCKQUOTE>
My response:
In order to successfuly sue the L, you must be able to demonstrate and prove "negligence". Unfortunately, pipes sometime burst unexpectedly. A pipe that bursts is not necessarily negligence, unless the L was on Notice of the problem before it occurred; e.g., someone informed the L of a leak or that the pipe was "kinked", or whatever, and the L failed to make repairs. Unless the Notice requirement is satisfied, you have no cause of action against the L.
All you have to do is make a claim under your own Renters Insurance policy, and your furniture will either be repaired, or will be paid for at the "fair market" rate.
IAAL
------------------
By reading the “Response” to your question or comment, you agree that: The opinions expressed herein by "I AM ALWAYS LIABLE" are designed to provide educational information only and are not intended to, nor do they, offer legal advice. Opinions expressed to you in this site are not intended to, nor does it, create an attorney-client relationship, nor does it constitute legal advice to any person reviewing such information. No electronic communication with "I AM ALWAYS LIABLE," on its own, will generate an attorney-client relationship, nor will it be considered an attorney-client privileged communication. You further agree that you will obtain your own attorney's advice and counsel for your questions responded to herein by "I AM ALWAYS LIABLE."
