Legal Question in Real Estate Law in California
Hi there,
I own a condo in San Francisco CA. Recently my toilet sprung a leak and flooded 2 units of the building, shared walls, ceilings, the hall and garage. The leak was not due to negligence and was found a few hours after, and a flood cleanup service was called to clean up from the hoa. I don't have home insurance. The hoa wants me to pay for all the damages. Am I liable?
1 Answer from Attorneys
Unfortunately the answer is almost certainly "yes, you are liable." Plumbing leaks are generally treated as "strict liability" torts, meaning that there is no requirement to prove breach of any duty of due care, which is the hallmark of negligence. If you own the plumbing and it causes damage to someone else's property, you are simply liable, period. If there is a dispute about what the actual cause was, or the other party failed to mitigate their damages, you can defend in whole or part on that basis in a proper case, but the basic liability is automatic.