Recent content by Aversan

Besides, they terraformed the whole area. its all been raised above street level on this side of the complex so that It'd be level with the rest of the buildings, so since they built it should they know about the possible drainage issues.

The reason I think it may be applicable is because I only had damage out to a certain point, and the damage from the previous incident goes further, so same place, just more.

As I said, there was evidence within my apartment that there had been water damages from a previous incident, is that applicable as proof that they should reasonably know?

So you're saying I have to prove that they should've reasonably been able to both know about and do something about the situation.

I see what you point is, but isn't ignorance no excuse, "Ignorantia juris non excusat" or whatever that saying is.

This entire property was made to be this way, raised levels of ground so spaces could be level, (or mostly level in this case). or in some cases raised a lot so the parking lot could be large enough and not slanted. It depends on what question you're asking, I know there was construction...

I understand, Thanks for the clarification. So what effect does them having or not having a reasonable way of knowing to their liability? If it's something within their reasonable control aren't they liable, regardless of their ignorance to the situation?

If them knowing is relevant, and I am expected to be the one to notify them, then me knowing is relevant. I feel that I may have proof that previous tenants have had water in the apartment before. The Tack strips were clearly water damaged in areas that I didn't have water.

I'd assume they've had previous tenants who have these larger levels of rainfall.

Ok, but how was I to reasonably know. They've owned the property for however long, and I've never seen heavy rain fall here before, so how can I be expected to tell them that the rain water is going to go into my apartment.

By improper drainage, I mean that the ground is higher on the right side than the left, causing the water to gather on that left side which is trapped against a wall. The right side is higher but not so much that I expected it wouldn't drain that way before going into my apartment.

It's their property, and I haven't been here long enough to see this level of rainfall before.

The question isn't if they were to reasonably know, but if it should've been within their reasonable control.

I didn't know it would be a problem. As I said, I though it would drain before causing problems.

Yes, I am a fairly new tenant, and yes, I have seen the water there before, but I never expected it to reach my door. I assumed property management had designed the water to run off before it would reach the point it'd flow through my door.