If I was at my friend’s place and tried to lift some weights but dropped them, can I be held liable if there is now a leak in the lower tenant’s apartment?

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If I was at my friend’s place and tried to lift some weights but dropped them, can I be held liable if there is now a leak in the lower tenant’s apartment?

Landlord is both tenant’s father. I feel like it could have been prior damage to water pipes and they are trying to cover up for one another.

Asked on January 12, 2012 under Real Estate Law, New York

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

If you were at your friend's place and dropped some weights which actually caused damage to the apartment resulting in water leakage, you very likely could be held responsible assuming that the landlord can prove that your negligence caused the water leakage.

However, if you only dropped the weights on the floor of the apartment where you were at, is seems somewhat hard to believe that the dropping of the weights in fact caused the water leakage. If you believe that there may have been prior water leaks, you need to take photographs of the area where the leak is as well as the open area showing the leak. The photographs and any resulting dry rot would show how long the leak had been in place. If there is dry rot and old water damage where the leak is, your dropping of the weights did not cause the water leak.


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