Q: Scenario for a $10,000+ water damage problem in a condominium. Who is responsible?
Jill (pseudonym) suddenly finds the condo water was shut off. She leaves her apartment, and returns to find her bathroom floor flooded. Upset that the faucet was accidentally left on, she mops up thoroughly.
Six days later she gets a text from resident below saying there is extreme water damage in his bathroom that started the day the water was turned off, then grew worse three days later. He blames Jill.
Jill wonders if it's all her fault because the condo management has an app that can alerts residents instantly, but wasn't used. She reasons that the flood in her bathroom probably caused a little damage to Bob's apartment, but three days later her toilet (seal?) was damaged, too, but showed no visible signs.
Jill wants to know if she is totally responsible for fixing Bob's bathroom or is the condo management partially responsible by neglecting to alert residents?
A:
Unfortunately, Jill should be responsible for repairing Bob's bathroom damage. If there is a question regarding the extent of the damage caused by the leakage and the mitigation that Bob should have done (is there?), the damage can be reduced.
As far as the app is concerned, Jill may not have a valid claim either because a prudent resident has a duty to keep the faucet turned off when not used. The app is a friendly reminder but is not required.
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