Q: Water heater burst on 3rd floor in March 2014 and am being sued by 2nd floor unit owner just now for $30k in damages.
Mother-in-law owned the 3rd floor unit and myself and wife were tenants. Unit was occupied by us and wasn’t intentional or deglegent. The water heater was older but we had no idea that it was going to leak like it did. My wife was taking a college class at the time and I was at work. The association manager came in to the unit and shut main water off. Can my mother-in-law and my wife and I claim “no fault” and do we stand a chance?
A: Yes, unless the 2nd-floor owner can prove your negligence, you should prevail.
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