Legal Question in Real Estate Law in New York

caused damage, have no insurance

My negligance with my kitchen faucet resulted in water damage to the person living below me and now this person's insurance company is seeking recompense for the claim. Claim extends to costs incurred to replace damaged furniture as well as this person's deductible.

Under NYS or NYC law, what are my rights? What am I financially liable for? I have no insurance of my own.


Asked on 5/05/03, 2:40 pm

3 Answers from Attorneys
David Slater David P. Slater, Esq.

Re: caused damage, have no insurance

You would be responsible for the fair market value of the goods damaged prior to the incident less any value after the incident.

Read more
Answered on 5/05/03, 4:26 pm
Arnold Nager Arnold H. Nager, Esquire

Re: caused damage, have no insurance

As a practical matter, they would have to successfully sue you in order to collect and they have to prove you were negligent.

If the landlord turned the water off for a repair and you mistakenly opened the valve and failed too close it and then the Landlord turned the water back on without checking all the water faucets in the line, he is negligent. I would not be so quick in admitting responsibility. Frequently, these claims can be settled for a fraction of the amount claimed.

Read more
Answered on 5/05/03, 10:42 pm
Walter LeVine Walter D. LeVine, Esq.

Re: caused damage, have no insurance

Your negogence caused the damage. You are responsible for all consequential damages resulting, including ceiling repairs, damaged furniture and other damages, including deductible.

Read more
Answered on 5/09/03, 10:58 am


Related Questions & Answers

More Real Estate and Real Property questions and answers in New York