Legal Question in Civil Litigation in Virginia
Personal Liability?
Neighbor A was told by Neighbor B that he/she could use their garden rake at any time. The rake is stored in an outdoor storage closet. Neighbor A borrowed the rake late one afternoon when neighbor B was at work. When Neighbor A returned the rake to the storage closet, Neighbor A noticed a water leak in the closet which appeared to have been present for quite some time. Neighbor A left Neighbor B a telephone message at their home notifying the neighbor B of a leak and indicating concern about turning off the main water valve due to any potential damage to other appliances such as the hot water heater, etc.. Likewise, Neighbor A attempted to locate a work telephone number to contact neighbor B without success (talking with other neighbors, etc). Neighbor B arrived home shortly thereafter...No response or communication has been received by Neighbor A from Neighbor B regarding the leak.
Can neighbor B hold Neighbor A liable in any way relating to the water leak? There is concern, since neighbor A has not heard from neighbor B, that neighbor B may angry that the main water valve was not turned off. Neighbor A was concerned about additional damages to appliances as well as liability associated with turning off the main water.
2 Answers from Attorneys
Re: Personal Liability?
If you had done anything to cause the leak,
even negligently, perhaps, especially because
you were there for your own benefit borrowing
the rake.
However, you can almost never be liable for
inaction. You did more than was required of you
by alerting your neighbor to the problem. You
are not liable for doing nothing. The law does
not require someone to be a volunteer to help.
Re: Personal Liability?
What Good Sir or Madam,(assuming one of you is Neighbor A)did you do to constitute the proximate(or legal cause) of the(speculated upon) water leak? Borrow a rake from Neigbor B's storage closet(for which you had permission)?
No, quite obviously.
In your status as a neighbor borrowing aforesaid
rake, did you have a legal duty, perhaps, to report your layperson's suspicions to Neigbor B
regarding the closet leak, because you were borrowing his rake?
No, again.
Neigbor B, indeed may be angry, for many different reasons, one of which, possibly, could include the closet leak. I can assure you, nevertheless, that under the circumstances which you've described, if all true, leave you with zero liabilty for any leaks which may have occurred in your neighbor's closet.
Rest easy, friend, no court will be able to hold you responsible for the neigborly actions which you undertook to alert your neigbor to a closet leak which may (or may not ever) have occurred.
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