Who is responsible for damages cause by a burst water pipe in a condo complex?

We live in a condo building with many units. A few days ago 1of the unit’s (above us) had burst water pipe which caused massive water damage to our unit (as well hers and a few other units in our building). We put in a claim to our insurance company but they refuse to help with any expenses basing it on the fact that an earthquake had occurred prior to the incident.

Asked on August 29, 2011 Virginia


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If your insurance company has denied the claim for repairing the burst water pipes and the resulting damages, then you should put a claim to the unit that caused the entire problem as well as a claim to the homeowner's association in that potentially one of the will be willing to step up and make the repairs on their own.

In essence, the property owner whose unit caused the water damage could be the one responsible for the repairs to your unit.

If none of the above are willing to make the repairs, you and the other property owners who suffered water damages should agree to join forces and consult with an attorney experienced with insurance law and property damage issues to represent you as a whole. By doing this, the expenses for the attorney would be minimized due to more people being represented for essentially the same issues needing resolution.

Good luck.

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