Submitted by phillyc22 on Wed, 05/26/2010 - 10:57
I'm from Boston, MA
I live on the 6th floor of a 10 story condo building. 2 months ago, my water heater broke and water leaked down to the 5th, 4th and 3rd floor below me. There were ceiling and carpeting damages to other units. and no damage to mine. After it happened, I called my insurance and filed a claim. They went out to take pictures of the damages of the other units. Recently, I found out that my insurance will not cover their damages because I was not negligent.
I have not heard from the owners from the 5th and 3rd floor assuming they have their own condo insurance to cover their damages. However, the unit owner on the 4th floor took the risk and do not have any insurance coverage. So now she would like me to pay for her damages.
I have been doing research online and I get a mixed response regarding if I am responsible for paying her damages since I was not aware that my water heater will break.
So am I responsible to pay for her damages since she did not have condo insurance and that I was not found negligent?
One more question: Will the condos that have insurance that got their damages fixed come after me or my insurance for the damages?
Thank you for your time
(Not sure how old the water heater was. Had the same one since we moved in the condo a little over 2 years ago. Inspection during that time passed everything.)
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Editor's Response
Follow this link to a question about fallen trees. Yeah, I know, but the concepts involved are the same. You were either negligent, or you weren't. I can't tell you which one. For your neighbor to collect from you, she will have to claim you were negligent. In that case, you turn it over to your insurer. Good luck.