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Can I be sued because my condo unit leaked onto the condo below?

Fort Lauderdale, FL |

I live in a condo complex.
About 3 weeks ago i noticed a leak around my toilet, I hired a handyman and got it fixed, but now, weeks later, I get a letter from to unit owner below me, it is a letter from her lawyer and it states that she has had mold damage because of the leak and is asking me to re-compensate her. She never contacted me about her leak, she went straight to a lawyer with it. Can I be sued because of that? Am i responsible for damages done to her condo? I fixed the leak as soon as I noticed it.

I think I should mention I do not have insurance, nor does she, actually none of the owners here have insurance.

Attorney Answers 3

  1. You need to contact your insurance company and file a claim with them. They will take care of the attorney. BTW, a letter from a lawyer is not a lawsuit. However, if you don't get on the phone with the insurance company, the unhandled situation may lead to a lawsuit. Look at it from the neighbor's perspective - no matter how you slice or dice it, YOUR leaking toilet should not become HER problem.

    Carol Johnson Law Firm, P.A. : (727) 647-6645 : : Wills, Trusts, Real Property, Probate, Special Needs: Information provided here is anecdotal and should not be relied upon or considered legal advice. Every matter is different and answers given here are general in nature and may not reflect current Florida law at the time you are reading this posting. Please contact me if you feel you need additional assistance with your matter.

  2. The short answer is yes. If the downstairs neighbor can prove that her mold was caused by your leaky toilet, then you will be responsible for her damages. If she can't prove the cause of her mold by a preponderance of the evidence, then you won't be responsible. You should contact an attorney of your own so that you don't accidentally give her or her attorney more information they can use against you.

  3. Yes. And if you hired a non licensed handy man to fix it, that's even worse bread because he's another person in your story without insurance!

    You should retain counsel to respond and try to settle, you have liability here.

    NOTE: (1) I may be guessing and/or not even licensed in your state; (2) We have not established an attorney-client relationship; (3) Sometimes you get what you pay for; and (4) If you want to send me a gift, my favorite color is orange.

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