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Can a contractor be sued for unintentionally causing flood?

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M4v3r1ck

Junior Member
What is the name of your state? WA.

Neighbor's house is undergoing renos and their water is shut off. One of the workers comes over to the house and asks us if they would be able to use our water? We say 'yes' and show them where the tap is and ask them to shut it off when it isnt being used. 2 days later, another worker shows up at the house asking to use the water again. My wife, who is on her way to work, says yes and even goes out of her way to detach the hose from the garden hose and run an extra hose over for them. Then she goes off to work. She gets a phone call later that afternoon saying that our house was flooding. What happened was the owner of the contracting company came over to turn on the water but he had no idea which of the 3 taps to use. We had shown 3 other people which one was to be used (as this is the one that gets used all the time). He tries one tap and it doesn't work (it had been shut off from inside the house at the shutoff valve for the winter and had not yet been turned back on) . So he sees another tap with no cap (we had never used this one since we had been in the house). He proceeds to take a cap off one of the other taps and puts it on this tap and tries the water. Water came out so he figured he was good. After 90 mins had passed, they came over to shut off the water and realized that water was coming out of the house through the walls and water was going in the house filling up the place. Turns out the pipe had froze at one point and burst in between the walls. A lot of water damage. As a contractor, he didnt have insurance on his job so we can't take a claim out on his insurance. I am insured and have already had the claim accpeted by the insurance company, however I don't feel that I should have to pay the insurance deductable. I spoke with the contractor, he apologized and said that he would pay for the deductable. That was before he found out my deductable was so high. Now I get the feeling that he isn't so willing to pay the deductable and even overheard him suggesting that he should only pay 1/2.

Sorry for the long story, I just wanted to make sure I shared all the details.

So I am wondering if I would be wise to sue his company and him for all damages avoiding taking a claim on my insurance, or go ahead and get him to pay my deductable? Should I threaten to take him to small claim's court? Suggestions? Advice?

Thanks in advanceWhat is the name of your state?
 


moburkes

Senior Member
You can sue him for the entire deductible. Your insurance company will sue him for the entire balance, more than likely. So, therefore, you can sue him, or wait until your insurance company sues him, in which case, they will also ask for the deductible back.
 

You Are Guilty

Senior Member
As a practical matter, you might want to sue him "first", because it will be a lot easier to get the deductible back ($1000?), than getting the entire claim amount/judgment paid (many $k's).
 

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