California. Upstairs condo owner. While I was on vacation the downstairs neighbor noticed a leak coming from above. It damaged his ceiling but nothing in my condo. When I got home I found the leak was coming from the hose in the back of my fridge. It had been chafed through by a nearby metal part, and it was pretty clear that it was not a poor installation, nor was there any early indication of leak or failure. I assumed that I was liable for the damages, but my insurance disagreed. They said no neglect, no liability. The downstairs neighbor, my hatred of hassle, and my conscience compelled me to pay out of pocket. So my questions are: What should I have done? Who really should have paid for the damages? Did my insurance hang me out to dry?
1 Answer from Attorneys
Without more facts, it appears that you were responsible to the downstairs neighbor. However, your insurance company is incorrect and should have covered the damage.