If the people above me elft thier water runing and my property was dmaged, are they responsible for paying me damages?

I do not have renter insurance but I had a $1200 chair completely destroyed due to the apartment above me leaving water running for the weekend. If the people above me who are responsible for the leak have renter insurance will it cover my chair? If they don’t have insurance, can I request that they pay for my damages?

Asked on September 4, 2012 under Real Estate Law, Kentucky


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

If it can be proven that their negilgence in leaving the water running was the "proximate cause" of the damage donw to your chair then yes, you can sue them and recover a judgement.  You need to gather your evidence of the loss as well as receipts for the damaged item(s).  Good luck.

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