Who is liable for damages that occur when a toilet breaks and the water valve is stuck?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

Who is liable for damages that occur when a toilet breaks and the water valve is stuck?

A few nights ago I used the bathroom. I am a 150 lb female and I did not have a sledgehammer, however, the bowl of the toilet broke which resulted in water spraying out everywhere. It is an older complex and we are assuming that there was a stress fracture in the porcelain which caused the toilet to break. We attempted to shut off the water valve to no avail. By the time maintenance arrived (who had a heck of a time shutting the water off), there was water all in the hallway and the carpet is ruined. The landlord has not returned calls. Was I negligent in using the toilet? Are we liable for this?

Asked on February 2, 2011 under Real Estate Law, Louisiana

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 13 years ago | Contributor

The basic principle governing responsibility of damage to a rental is that normal wear and tear is the landlord's responsibility, while the tenant has to pay for any damage caused by their negligence or intentional acts.  Since you apparently used the toilet in an normal fashion and you in fact tried to minimize the damage by attempting to shut the water off, there is no apparent negligence on your part.  Accordingly, your landlord would bear the responsibility for repair costs. 

Note:  This rule applies to just about everything regarding rented property, unless the lease specifically says otherwise. 


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.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption