Water damage

Need some more help....

My neighbor came knocking on my door late last night and informed my that I might have a leak with by bathroom. I was able to get a plumber out this morning and we were able to find a pin hole in the tub that caused it to leak into the storage closet below. It appears that the structural damage is minimal but the concern is the contents of the storage unit.

I am well aware that I need to pay (not worth going through insurance) for the repairs, however at some point the question about the contents of what was destroyed or damaged is going to come up. Do I need to pay for that as well? If so, how do we determine what the value of the items are.

Mike

There may well have to be 3 insurance companies involved. Yours for damage to you unit. The association's for damage to common elements between the floors. The neighbor's for damage to his unit/goods. Let the insurance companies duke it out.

That would likely be he lagal outcome as wellt

I have to disagree with most of the other posters. Unless your governing documents say otherwise (which is rare, as in Kerry's case), you are probably not liable for any damages to the common area or to items in the storage area.

In order to be liable, you would have to be negligent. The situation that you described of a previously unknown pinhole in your tub, does not appear to be negligence. In this case, each entity pays for their own damage.

Here is a quote from a California attorney. It is written from the point of view of the association, but you can substitute yourself in the situation:

"Many homeowners mistakenly believe that their associations are strictly liable for any damage or loss they may suffer even if the HOA was not the cause of the loss. For example, a plumbing leak damages an owner's unit does not automatically make the association liable for the damage. The standard for HOA liability is negligence (unless the governing documents establish a different standard)."

Insurance companies generally do what a court would do, so the adjusters usually know the law as it pertains to damages. That is why it is a good idea to put in a claim, or at least talk to an insurance adjuster (or sometimes your insurance agent also) for free advice. Or as John points out, let the insurance companies duke it out.

I just love not being albe to edit my mistakes as son as I press submit

I believe what Jeff said is generally correct. The fact that someone's bathtub leaked causing damage to someone else's property does not necessarily make him or her liable for those damages. Over the years I have heard many attorneys say essentially the same thing. To show liability you must show a duty, a breach of duty (negligence in some cases) and an injury. It is very possible the governing documents invalidate any claims of damage to personal property. I know it is very common in rental agreements for the renter to waive claims to damage of personal property and is encouraged to by insurance for that purpose.

In this case the OP is trying to do the right thing. I would just talk to the owner and try to come up with a reasonable amount for damages that you can both agree to.