Legal Question in Civil Litigation in Virginia

Condo owner liability for water damage

I had to get a plumber to locate a leak in my condo's kitchen, it was traced to next door neighbor's ice maker. The plumber charged me & the neighbor refuses to reimburse me. Under what legal theory (if any) is he liable?

Asked on 3/14/03, 9:02 pm

1 Answer from Attorneys

Daniel Hawes Hawes & Associates

Re: Condo owner liability for water damage

In addition to whatever rights your unit owners' association bylaws give you, you can file an action under a theory of "private nuisance". The damage has to be of a sort that impairs your use and enjoyment of your property (including leasehold property). If the nuisance has not been abated, you can also file for an injunction in the local circuit court to require the neighbor to fix the problem. (If you suffered damages of less than fifteen thousand dollars, you should use your local small claims court if you have one in your county, and otherwise, the general district court. Be sure to check with a local attorney before going to court to make sure you understand the procedure.)

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Answered on 3/15/03, 7:04 am

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