Legal Question in Real Estate Law in Kansas

Who Pays for Damage to a Business from upstairs Plumbing?

I have a business below my landlord's meeting hall. His toilet broke and caused extensive damage to my merchandise and office. Water even went through my floor to the basement where I had merchandise stored. Approximate 12 inches of water pooled below. If he and/or his insurance refuse to pay, can I sue him? I had no insurance although in the contract I was required to have only liability insurance and any other insurance by choice. I did have liability but it expired. He had a brand new toilet but he said someone broke it that was there for a meeting. Last year a water pipe burst in the basement and again I had alot of damage, but my insurance covered it. My premiums doubled after that, and I couldn't afford to renew.


Asked on 1/23/03, 7:53 pm

1 Answer from Attorneys

Anthony Smith LawSmith

Re: Who Pays for Damage to a Business from upstairs Plumbing?

It sounds like you have a possible case against your landlord, depending upon teh terminology of your lease and other correspondences with your landlord. Find an attorney to begin the claim process for you. You of course could ask the landlord for the name of his insurer, and begin the process on your own.

Good Luck

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Answered on 1/27/03, 12:22 pm


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