Legal Question in Landlord & Tenant Law in Pennsylvania

Flood Loss

I recently moved into an apartment complex. During a decent rain a few weeks ago, not associated with a Hurricane, my girlfriend's car was flooded out because a storm drain was not cleared. My girlfriend lives in the apartment with me. I spoke to a few neighbors whose cars also took on some water and they told me this wasn't the first time it had happened, but there aren't any signs mentioning a problem. My girlfriend's car was totaled by the insurance company which has caused a huge inconvenience and may cause us to lose money. I called to speak to the owner of the complex, but he hasn't returned my call. Can I take any legal action against the company that owns the complex?


Asked on 9/30/04, 10:28 am

1 Answer from Attorneys
Mark Johns Mark Johns, Esquire

Re: Flood Loss

Negligence is composed of 4 elements Duty, Breach,of duty, damages and causation. It sounds like all four may be present in your case. If the complex knew of the problem, didn't warn, you suffered a loss and the loss was caused by the failure to warn. Also, the cost of defending the litigation does give you some leverage. I offer free consultations. My contact information is in my profile.

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Answered on 9/30/04, 12:41 pm


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