Legal Question in Real Estate Law in Texas

I own a condiminium that's been rented out for two years. It's on the second floor, so there is a condominium owned by another lady directly below it. Last month, the washing maching broke. The tenant reported it to my mangement company. Apparently it caused flooding in my unit and the lady's unit below. I was sent some bills for damage by my mgmt. company which is up to $1,800 now.

However, I called another woman in property management and she said I'm not liable for the damage. She said Texas is a no-fault state. I called State Farm, and they said that no insurance exists to cover my liability in this case. The reason is that there was no negligence on my part they said. If I were covered for this accident, which I'm not, they said that would not cover her unit anyway. This was a "freak" accident as they put it. They said the washing maching was old, and the fact that it stopped working and caused flooding is nobody's fault.

Then a general attorney, a good friend of my father's, said that doesn't sound right to him. He thinks the lady can sue me for damages.

Does anyone know for sure if I'm liable or not? I can see if a bathtub was left running and the tenant forgot to turn it off. That would be negligence. But then that would be the tenant's fault and liability. Why should I be liable for a freak accident? Aren't we both victims of circumstance?


Asked on 2/19/10, 11:00 pm

1 Answer from Attorneys
Cheryl Rivera Smith The Smith Law Firm

You are liable and I have collected on situations like this more than once. I would question the $1,800 bill to make sure that they aren't "redecorating" on your nickel abd check again with State Farm and get specifics on your coverage - you might have gotten a bad claims adjustor.

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Answered on 2/25/10, 5:09 am


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