Is the owner of a leaking dishwasher strictly liable for damages to another unit?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Is the owner of a leaking dishwasher strictly liable for damages to another unit?
I have a condo and I have suffered water and mold damage because of a leaking dishwasher from the unit directly above me. She does not have insurance, but has told me she is not liable because there was not negligence. Would her liability fall under strict liability?
Asked on June 27, 2012 under Real Estate Law, California
Answers:
Cameron Norris, Esq. / Law Office of Gary W. Norris
Answered 11 years ago | Contributor
There is no strict liability here, but there is negligence. Every person has a duty to act like a reasonably prudent person in everything they do. That includes the maintenance of household appliances so that they don't cause damage. She failed to maintain the dishwasher and that failure proximately caused damage to your property. She was negligent. If you had a leaky hose and didn't know about it, but could have if you had inspected it, then it leaked...just because you didn't know is no defense. If that was a defense, no one would ever inspect anything.
Tell her she's negligent. Take pictures and document everything that is going on. I can't believe she doesn't have insurance because HOA's for condos usually have group policies or require that every condo owner show proof of insurance. Get the condo association involved and sue her for negligence if she doesn't pay. You can probably get it done in small claims court without a lawyer.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.