Water leakage from one floor to the next

[morfyd]

Jurisdiction

Florida

Greetings,

I live in a condo and the owner on the floor above me had a leak after changing their toilet. I came home and found water dripping from the light fixture in my bathroom. I took pictures, and asked if they had homeowners insurance. They said yes, but would not tell me who it was, but informed me to use my insurance. THe problem is that the previous owner had a over flow and I just received damage payment from my insurance and was in the process of finding contractors. If I file another claim so soon, my insurance will increase sky high. My question is, can I sue this new condo owner and if I can, would it be worth it? The weird thing is that although you could see the water dripping from the light fixture when it happened, you don't see a water mark in the ceiling. I used a moisture monitor, and it showed that it is damp.

Thanks in advance

 

[adjusterjack]

asked if they had homeowners insurance. They said yes, but would not tell me who it was,

They have no obligation to do so.

informed me to use my insurance

Good idea.

THe problem is that the previous owner had a over flow and I just received damage payment from my insurance and was in the process of finding contractors. If I file another claim so soon, my insurance will increase sky high.

Well, there is always a chance of an increase, and insurance companies often get wary about repeated water damage claims at the same property.

Have you determined the source of the water?

My question is, can I sue this new condo owner and if I can, would it be worth it?

Sure, you CAN sue, but you might be wasting your money and your time. You'd have to prove negligence and, so far, I don't see any in a sudden and unforeseen discharge of water from a plumbing.

Maybe you have some idea or information as to why you think the upstairs owner was negligent.

By the way, posting the same question under another name didn't fool anybody. It's been removed as a duplicate. Please keep all future discussions about this incident to this thread.

 

[morfyd]

I didn't intentionally try to post it under a different name. I just couldnt remember the password of the first one.

But thank you for responding.

The leakage was due to the replacement of their toilet.

 

[adjusterjack]

The leakage was due to the replacement of their toilet.

I can think of a few ways that could happen. An improperly placed or defective wax ring that caused a leak from under the toilet when flushed, a faulty mechanism in the tank that caused an overflow.

You'll have to be more specific about the details as you might have a claim against the unit owner if the unit owner improperly installed it, against the plumber if the plumber improperly installed it, against the toilet manufacturer if the flushing mechanism was faulty, or against the wax ring manufacturer if the wax ring was faulty.

As complicated as all that sounds, it gets even worse if you have to contemplate paying an expert to testify about the cause.

Best to just bite the bullet and have your own insurance company cover it. Your insurance company could go after a responsible party if appropriate and would pay for the experts.

 

[morfyd]

They had an handy main remove and was replacing a new toilet, he also was removing by hammering noise the floor tiles in the area where the toilet was

 

[adjusterjack]

So how did that cause the leak?

And where did they find this handyman and what are his credentials?