can i get different types of damage money from one occurrence?

UPDATED: Oct 1, 2022

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can i get different types of damage money from one occurrence?

The property management company I use to rent my townhouse left the shower running upstairs for many days. The shower enclosure overflowed thousands of gallons of water. They have an indemnity clause to prevent recovering damages from them. The HOA insurance is now the primary insurer. They want to cap the payout at $100,000 for a overflow occurrence. The total damages will be over $200,000. Can I get the money for the overflow damages and also more money for damages caused by the steam produced over many days that damaged wood, wallpaper and paint?

Asked on January 27, 2019 under Real Estate Law, Texas


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

You can seek all damages from all causes from the same occurence/event in one claim or lawsuit, but it must be done all at once, in the same claim or lawsuit: the law does not allow you to bring later actions seeking additional money from the same event. All claims must be brought in one action. 

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