Property damage question

[ajisherw]

What is the name of your state? NY

I live in an apartment above a store and a few months back our toilet overflowed and caused water damage to the fabric store downstairs. While the store owners insurance covered most of the cost they are now coming after us for additional money that they are out. The store owner is currently saying he will take $1000 to settle otherwise he will take us to court for much more money.
A few other details are the following. We rent the apartment. The situation unfolded as my roommate plugged the toilet sometime during the day. I returned home from work, saw the mess, left a note for him to clean it up and went away for the weekend. My roommate came home that night but didn't clean up the mess until the next day. We had a faulty toilet that seemed to take on a bit of water every few minutes and we had previously asked the landlord to replace it but nothing was done. We have nothing in writing proving this. A plumber came out and replaced the toilet after the incident but we again got nothing in writing.
We need to decide whether to pay the $1000 to make this go away or suggest to the store owner that he take up any problems with our landlord and risk that he come after us. Any advice would be much appreciated.

 

[BL]

The situation unfolded as my roommate plugged the toilet sometime during the day. [ quote ]

Admission of guilt ??

The toilet took on water ? occasionally the flap needs replacement, or seal area will need cleaning to to get a tight seal.
This leakage w/ running water will not cause the toilet to overflow.

Who had the Plumber replace the toilet , You or the Landlord ?

What did the Plumber say was the reason ( defect ) for the replacement ?

If you had the Plumber replace it contact him , If the "plugging " occurred because of the toilet defect , have him write a statement of the details with his signature and address , preferably on business letterhead and use that as a defense.

If however it was the roommates own doing , why not ask to see their insurer's payout, and the total estimate of repairs.If it's more that $1000.00 I'd pay it.

And really, why didn't the water on the floor be cleaned up at once? That is neglect also .

 

[HomeGuru]

What is the name of your state? NY

I live in an apartment above a store and a few months back our toilet overflowed and caused water damage to the fabric store downstairs. While the store owners insurance covered most of the cost they are now coming after us for additional money that they are out. The store owner is currently saying he will take $1000 to settle otherwise he will take us to court for much more money.
A few other details are the following. We rent the apartment. The situation unfolded as my roommate plugged the toilet sometime during the day. I returned home from work, saw the mess, left a note for him to clean it up and went away for the weekend. My roommate came home that night but didn't clean up the mess until the next day. We had a faulty toilet that seemed to take on a bit of water every few minutes and we had previously asked the landlord to replace it but nothing was done. We have nothing in writing proving this. A plumber came out and replaced the toilet after the incident but we again got nothing in writing.
We need to decide whether to pay the $1000 to make this go away or suggest to the store owner that he take up any problems with our landlord and risk that he come after us. Any advice would be much appreciated.

**A: I would say pay $2000 to make it go away.