broken faucet cause water damage to unit below. What are my responsibilities to owner and tenant below?

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Jeffrey Johnson is a legal writer with a focus on personal injury. He has worked on personal injury and sovereign immunity litigation in addition to experience in family, estate, and criminal law. He earned a J.D. from the University of Baltimore and has worked in legal offices and non-profits in Maryland, Texas, and North Carolina. He has also earned an MFA in screenwriting from Chapman Univer...

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UPDATED: May 3, 2012

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Insurance Question from Las Vegas, NV

Asked on 05/03/2012

broken faucet cause water damage to unit below. What are my responsibilities to owner and tenant below? No insurance. Faucet appeared to be OK, no problem noted prior to incident.

Answer given on May 03, 2012

If you live in an apartment or condominium and there is a water leak from your unit to the unit below, there must be an investigation as to whether you are negligent or not. If you did not know there was a leak in your faucet, there would be no negligence on your part and there would be no legal liability to you, or the insurance company.There would be an investigation and your insurance company would try to determine if you knew, or should have known of the leak. If not, they will not pay for the damages to the unit below. Their insurance would pay for the water damage.If their insurance company, or if they didn’t have insurance, they decided to file a suit against you, your insurance company will defend you. If it is determined that you were negligent, your insurance company will pay for the damages to the lower unit, whether they feel they were liable or not.

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