What to do iI maintanance came to my apartment to repair a leaky faucet but one of the water lines popped out after he was done and it flooded the entire apartment?

UPDATED: May 1, 2012

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What to do iI maintanance came to my apartment to repair a leaky faucet but one of the water lines popped out after he was done and it flooded the entire apartment?

The complex is saying they are not responsible for any damage done to my stuff.

Asked on May 1, 2012 under Real Estate Law, Florida


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

If there maintenance person caused the leak due some negligence (or carelessness) on his part, the complex would be liable as his employer. Or if the line ruptured due to either general inadequate maintenance (e.g. the pipes have gone too long between inspection and repair or replacement) or because of something else careless or negligent which the complex has done (for example, running the lines at too high a pressure; having installed pipes or lines inadquate for their purpose; etc.), the complex would again be liable for the damage. Only if it were the case that the complex had nothing to due with the rupture (e.g. you hit the line and broke it; there was a pressure surge in the municipal system which was not their responsibility; etc.) would they not be liable. Under the circumstance, it is most likely--but not certain--that the complex would be liable. Unfortunately, if the commplex will not voluntarily reimburse or compensate you, you'd have to sue them to recover the money. Depending on how much is involved, you could sue in small claims court and represent yourself, saving on legal fees. (For larger amounts, you would be better off retaining an attorney.) You could sue for the repair or replacement cost of the goods, and would have to show that it is more likely than not that the complex or its employees caused the damage.

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.

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