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    lynhurst's Avatar
    lynhurst Posts: 10, Reputation: 1
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    #1

    Oct 30, 2013, 04:34 PM
    Who pays for damage caused by leaking pipes?
    Have a condo with unit above. Kitchen drain pipe from unit above developed a crack and leaked in my unit, causing huge damage and mold. Who is responsible for repairing pipe and restoring my unit?
    Mudloff's Avatar
    Mudloff Posts: 2, Reputation: 0
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    #2

    Oct 30, 2013, 04:52 PM
    Im sorry! I didn't read whole question.The other owner is!Read your contract!
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #3

    Oct 30, 2013, 06:10 PM
    Mudloff is correct. Find out the identity of your upstairs neigbor's homeowner insurance company, and make a claim with the carrier.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #4

    Oct 30, 2013, 06:11 PM
    It depends. If the pipe in question was part of the unit, then the other owner is responsible for its repair. Most likely your insurance is responsible for damage to your unit. Unless negligence can be proven I doubt if they or the condo association would be responsible for your unit. But you can try putting in a claim to their insurance carrier.
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #5

    Oct 31, 2013, 07:45 AM
    Quote Originally Posted by ScottGem View Post
    It depends. If the pipe in question was part of the unit, then the other owner is responsible for its repair. Most likely your insurance is responsible for damage to your unit. Unless negligence can be proven I doubt if they or the condo association would be responsible for your unit. But you can try putting in a claim to their insurance carrier.
    True, OP's insurance carrier should first be notified. Their carrier may want to go after the other owner's carrier (It may be the same carrier, so whether the other owner is at fault would be a moot point).

    But leaking plumbing isn't an "act of God". If it leaked, negligence is a slam-dunk.

    Also, it would probably constitute trespass, which doesn't require negligence anyway. Trespass is a strict-liability tort in most places.
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