Whose responsible for water damage from upstairs condo to downstairs unit?

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Whose responsible for water damage from upstairs condo to downstairs unit?

Upper level condo unit bath/shower drain leaked causing stain to our ceiling below
it. Plumber wouldn’t repair until mold remediation. Plumber then determined leak
caused by pipe upstairs. Repair made by plumber. Ony way to ake repair was thru
our ceiling aparently. Upstairs owner paid only for leak repair to his bath/shower
and refuses to pay for mold remediation or our ceiling repair. Claims since he had
no prior motice of leak not libel since not negligent.

Asked on February 13, 2018 under Real Estate Law, Nevada

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

The issue is fault: if the leak occured due to something the upstairs owner did (e.g. putting something down the drain which he should not have) or because he ignored early warning signs of a leak and allowed it to progress, he is liable. If, on the other hand, the leak occured because a pipe failed without him doing anything wrong and without warning, he is not liable--fault is required for liability.
 
That's the law. Practically, not only must there by fault, but you have to be able to prove it--that is, have evicence. (Since you would be suing for compenstion, you would be the plaintiff. The plaintiff has the responsibility to prove his/her case in court.)


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