My neighbors damaged my ceiling and carpet when their toilet overflowed they are they responsible

Hi we live in Kentucky and I know based on the state some people are able to sue for the deductible or put a lien on a home. Am I able to do this, the deductible for 1000 they paid 100 and that was it. They didn’t have homeowners insurance at the time so my insurance had to pay.

Asked on December 30, 2017 under Real Estate Law, Kentucky


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

They are responsible if they were at fault: that is, they caused the overflow by being negligent or unreasonably careless, such as by trying to flush something down the toilet which should not be flushed, and that is why it overflowed. In that instance, you could sue them (such as in small claims court) for the balance of your deductible. But if they were not fault--they did nothing wrong to cause the overflow--they are not liable; liability, or responsibility to pay, is based on the existence of fault.

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