Condo water leak liability concern

[Sally Johnson]

Jurisdiction

Florida

Scenario: water leak in one condo unit did minimal damage to the ceiling and another condo unit. Owner of the unit that had the leak offers to fix the ceiling damage of the other unit.

Question: does this action of Goodwill effectively imply guilt for any future claims the owner of the other unit may want to associate this leak? Would this hold up in any suit?

Would the risk be reduced if the owner of where the leak originated from tells the other owner to just run the issue through their insurance?

 

[adjusterjack]

Question: does this action of Goodwill effectively imply guilt for any future claims the owner of the other unit may want to associate this leak? Would this hold up in any suit?

No.

What the owner of the leak is doing is negotiating an out-of-court settlement. Such negotiations are not only not an admission of liability but are also not admissible in court.

The owner of the leak could feel morally obligated without being legally obligated (negligent).

I have adjusted many condo water leak claims. Water leaks are often unforseen and don't involve negligence. When the plumbing cuts loose it's often nobody's fault.

Would the risk be reduced if the owner of where the leak originated from tells the other owner to just run the issue through their insurance?

Risk to who, and for what.

If the "victim" of the plumbing debacle uses his or her own insurance, the claims person will investigate the cause to determine if there is any negligence on the part of the owner of the leak.

If there is negligence on the part of the owner of the leak, the claims person will attempt to recover the repair cost. A lack of negligence will result in no effort to recover the repair cost.

 

[Sally Johnson]

Thank you. Just confirming there is no negligence in a home owner doing sink repairs that ultimately causes an unforeseen leak?

 

[adjusterjack]

If the homeowner was repairing an existing leak then negligence is unlikely.

If the leak occurred during the repair, there "might" be negligence depending on what happened.

Like in the sitcoms where the inept husband gets under the sink and water sprays all over the kitchen. One wonders why he didn't turn off the main valve supplying water to the house.

 

[Sally Johnson]

It was a new sink faucet install replacing an existing one that was otherwise fine. A connection wasn't as tight as it needed to be, and had a small drip that grew while away. Your sitcom reference is spot on.

Appreciate your continued wisdom.

 

[adjusterjack]

A connection wasn't as tight as it needed to be

I would go with a negligence claim based on that detail.

A homeowner who is experienced at plumbing repairs should know how to properly tighten and, more importantly, test the connection.

A homeowner who has no experience with plumbing should not attempt repairs for which he is not qualified, no matter how easy the DIY instructions make it seem.

Especially in a condo where the property of others is often at risk.