Water Heater Leak To Unit Below Me

by **Halford** » Fri Jul 22, 2016 10:47 am

Hi James,

I'm from Boston, MA

I live on the 6th floor of a 10 story condo building. 2 months ago, my water heater broke and water leaked down to the 5th, 4th and 3rd floor below me. There were ceiling and carpeting damages to other units. and no damage to mine. After it happened, I called my insurance and filed a claim. They went out to take pictures of the damages of the other units. Recently, I found out that my insurance will not cover their damages because I was not negligent. I have not heard from the owners from the 5th and 3rd floor assuming they have their own condo insurance to cover their damages. However, the unit owner on the 4th floor took the risk and do not have any insurance coverage. So now she would like me to pay for her damages. I have been doing research online and I get a mixed response regarding if I am responsible for paying her damages since I was not aware that my water heater will break. So am I responsible to pay for her damages since she did not have condo insurance and that I was not found negligent? One more question: Will the condos that have insurance that got their damages fixed come after me or my insurance for the damages?

Thank you for your time, James

Phil

by **Waquini** » Fri Jul 22, 2016 7:06 pm

Hi James,

I'm from Boston, MA

I live on the 6th floor of a 10 story condo building. 2 months ago, my water heater broke and water leaked down to the 5th, 4th and 3rd floor below me. There were ceiling and carpeting damages to other units. and no damage to mine. After it happened, I called my insurance and filed a claim. They went out to take pictures of the damages of the other units. Recently, I found out that my insurance will not cover their damages because I was not negligent. I have not heard from the owners from the 5th and 3rd floor assuming they have their own condo insurance to cover their damages. However, the unit owner on the 4th floor took the risk and do not have any insurance coverage. So now she would like me to pay for her damages. I have been doing research online and I get a mixed response regarding if I am responsible for paying her damages since I was not aware that my water heater will break. So am I responsible to pay for her damages since she did not have condo insurance and that I was not found negligent? One more question: Will the condos that have insurance that got their damages fixed come after me or my insurance for the damages?

Thank you for your time, James

Phil

by **tamas94** » Tue Jul 26, 2016 5:03 pm

hi Phil,

Sorry for the delay. I just had surgery, and am getting back to my email.

In a word, if you are not negligent then you are not responsible. The fact that the 4th floor resident did not purchase insurance does not change that.

And if they come after you. since you are not negligent you will not be held responsible. The only way this will change is if someone sues you and alleges negligence. The allegation of negligence will trigger your insurance to respond on your behalf.

Hope this clears up your questions, feel free to get back to me with any follow-ups...

James Berliner

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