Q: My upstairs (condo) neighbor had Sears (insured) install a washer/dryer. It flooded and damaged my unit. Who's liable?
Apparently there was an issue with the machine or installation, so upon use, it flooded water into the floor (my ceiling). They paid for whatever extra insurance/guarantee options Sears had prior to the installation. They have condo insurance, mine wasn't active at the time. They refuse to contact their insurance (even though their floor was damaged) and insist on going through Sears' claims management company, which will likely take months. Water damage only gets worse with time, so I want to have someone come in and fix the damage, but don't want to be out the cash. Can't their insurance company pay for the damage to my unit (and theirs) and then duke it out with Sears?
A: When a California homeowner hires a contractor to work on a home, the contractor is ordinarily considered an independent contractor. This legal status means the homeowner generally will not be liable for accidents or injury to others, unless the homeowner directly contributed to the incident. If you have any information that the condo owner contributed to flooding, then sue them directly. Otherwise, ask them for copies of the purchase receipt, installation documents, and any claims information they have initiated and get started with Sears and/or the installation company.
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