Leak from above, who's at fault?

[mediabox]

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

I'm in a small claims suit and wondering who is at fault regarding a leak from a furnace/AC condensate line in a condo building. Normally I understand leaks aren't anyones fault unless there is some type of negligence.

In this situation, the furnace/AC condensate drain lines clog often enough that the HOA posts notices every spring in the common area. It states to check the condensate lines, how to check them, and to correct it if it's clogged to avoid water damage. The notice is 8.5x11 letter size, hangs above the mailboxes, and is displayed for a few weeks in spring.

Because these units are similar their furnace room (where leak occurred) is above mine. The room is seldom visited so the slow leak was undetected for 2+ months and mold had set in. Mold estimates average $5000. My insurance doesn't cover mold. The HOA says they keep out of it, and the problem remains w/ the unit owners. Also the HOA insurance deductible is 10k so they couldn't help if they wanted.

Is the unit owner above me negligent? I have a voice message of the unit owner above apologizing and promptly repair the condensate drain. In addition, I have the notice the HOA posts annually. Can I win the case?

 

[quincy]

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

I'm in a small claims suit and wondering who is at fault regarding a leak from a furnace/AC condensate line in a condo building. Normally I understand leaks aren't anyones fault unless there is some type of negligence.

In this situation, the furnace/AC condensate drain lines clog often enough that the HOA posts notices every spring in the common area. It states to check the condensate lines, how to check them, and to correct it if it's clogged to avoid water damage. The notice is 8.5x11 letter size, hangs above the mailboxes, and is displayed for a few weeks in spring.

Because these units are similar their furnace room (where leak occurred) is above mine. The room is seldom visited so the slow leak was undetected for 2+ months and mold had set in. Mold estimates average $5000. My insurance doesn't cover mold. The HOA says they keep out of it, and the problem remains w/ the unit owners. Also the HOA insurance deductible is 10k so they couldn't help if they wanted.

Is the unit owner above me negligent? I have a voice message of the unit owner above apologizing and promptly repair the condensate drain. In addition, I have the notice the HOA posts annually. Can I win the case?

When you filed your suit, you believed you had enough to show that liability for the leak was with those named in your action, correct? If your evidence is stronger than the evidence presented by the defendants, you win. If it isn't, you lose. Beyond that, there is no way anyone can predict how your case will turn out.

Here is a link to one of your previous threads on your lawsuit (you might want to re-read the latter part of latigo's post #3):
https://forum.freeadvice.com/small-claims-courts-24/defendant-avoiding-summons-618098.html

Good luck in court.