Vancouver, WA asked in Consumer Law and Real Estate Law for Oregon

Q: A guest of Condo A causes water to flow into Condo B. Is Condo A owner responsible for guest actions?

Condo A owner says that his guest maliciously plugged up the sink and left the water running, causing water to enter Condo B's floor and wall damages.

Condo A insurance company denies any liability stating that Owner of Condo A is not responsible for the actions of guests.

Related Topics:
1 Lawyer Answer
John Christopher Minor
John Christopher Minor
Answered
  • Newport, OR
  • Licensed in Oregon

A: Depending on the declaration, bylaws and rules of the UOA, the insurance company may be right. But there is also the possibility that you might recover against the guest, or even against the owner on the theory that the owner was negligent in entrusting the unit to this particular guest (something of a stretch).

I don't know if you have your own insurance protecting you against damage to the interior of your unit. Most condominium owners do and should have such insurance and, if so, put the matter in the hands of your own insurer.

You might also check to see what kind of coverage the Association of Unit Owners has.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.