water damage

[porpor]

What is the name of your state? Ontario, Canada

I am the owner of a condo and is rented to very nice tenants. Few weeks ago the dishwasher leaked causing water damage to the unit below. Condo maintenance people had to make two trips before they figure out the leak was from the dishwasher of my unit. Water was immediately shut off and Appliance man came to look at the probem. Cause of the leak was a worn motor seal, leak is hidden underneath. A new dishwasher was promptly replaced. The owner of the unit below said I am responsible and if I do not pay for the $500 repairs he will take me to small claims court. My insurance broker said I am not responsible for the damages as it was not due to negligence of my tenant or myself. The leak has never happen before and the dishwasher was about 5 years old. My broker also said if I pay I would be admitting responsibility and set a precedent. Does the owner downstairs has a case against me, even if there was no negligence on my part? If he sues will my insurance pick up the legal cost? Any helpful info on this matter will be deeply appreciated. Thanks! Porpor

 

[ALawyer]

If this were in the US I'd have a better idea. BUT while it seems as if you may have no liability, and if you did the homeowners policy you have should cover it, if you feel honor bound to pay, get a written statement from the folks below that it is not an admission of liability, and it if reoccurs, you'd not be liable. If they wonpt agree, let them sue.

 

[porpor]

re; water damage-Thanks ALawyer

Many thanks for taking the time to answer my concerns. What you said made sense. A signed statement from the downstairs owner will ease my anxiety regarding future claims.
Thanks again,
Porpor