Legal Question in Real Estate Law in Pennsylvania
Am I Liable?
On Easter Sunday a bad storm in Phila, Pa caused my neighbor and my front porch roves to fall down. Neither one of our insurance policies have liability insurance and will not cover the damages. My house was vacant and kept up by Safe Guard through our mortgage company because we are military and are not living in the property. My neighbor wants me to pay to have her roof repaired because she feels that my house was vacant and because my roof suffered some rot damage. Her roof suffered from rot damage as well. I told her that since neither one of our insurance companies cover the damages we should each be responsible for our own property. She does not want to do that. I do not feel that I am liable. The bad weather contributed to the cave of both roves. I am aware that most insurance companies does not cover rot damages so she would have been responsible to repair her own roof. I want to know am I liable for repairing her roof and can she take me to court over this unfortunate accident?
2 Answers from Attorneys
Re: Am I Liable?
OK, one of the tests to see if you're liable is to see if the following statements are true:
1) Did you breach a duty of care to your neighbor. That is to say you didn't do something that would have prevent her roof from being damaged?
2) Even if the answer to the question above is true did your breach cause her damage. In short
is the following statement true:
But for you breach if any would she not have had damage to her roof?
if the answer to that question is no. Then there is no liability.
Did some how your roof collapse on hers?
If you have any questions feel free to contact me. The initial consultation is free.
{John}
Re: Am I Liable?
I am at a total loss as to understanding your question. Why on earth would you neighbor say you are liable for her roof???? Does that mean that if my car gets a flat tire in my driveway that my neighbor is liable? The only conceivable way I could see any sort of a connection between your roof and your neighbor's roof, is if these were ajoining structures. But surely if that was the case you would have mentioned it. Sorry, but I simply do not understand.
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