Legal Question in Civil Litigation in California
recently, a friend was statying over at my apartment and while showering, fell asleep and caused my entire apartment to flood, causing damage in excess of $1,000. I know that technically i will be liable due to my name being on the lease, but my question is will I be able to recover for the cost of the damages since it was his fault and I also have many people who witnessed this happen? will i be able to take him to court and sue him for the amount of the damages?
4 Answers from Attorneys
As to other persons, both you and your friend would be liable for damages. But your friend should be required to indemnify you for any amounts you have to pay to others and damage to your own property.
Wow. You mean you or your friend were so high or drunk that they passed out in the shower. That's what really happened. Both of you are joint and severally liable for the damage.
I assume you decided to skip the $150 a year that renter's insurance would have cost you, otherwise the insurance company would already be dealing with all issues.
Sure you can sue him, but does he have any money you could recover from even if you are able to get a judgment?
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