Legal Question in Real Estate Law in Utah

Is having hired a professional property manager sufficient to claim that the property owner was not negligent when there is a loss (due to a function that the property manager performs (e.g., heating the house to prevent freezing and bursting pipes).

The condo above ours had the pipes burst, and this owner's insurance company claims that they have no liability because their property owner was not negligent -- my loss wasn't due to his negligence. They claim he wasn't negligent because he had hired a property management company.

I sustained rental losses that I can't recoup from my insurance company, and therefore need the upstairs owner to pay. Is there case law to support the contention that merely hiring a property manager shields this owner from any liability?

thanks!


Asked on 8/02/10, 11:55 am

2 Answers from Attorneys
Paul Jones Paul W. Jones Attorney LLC

I do not know of any way the hiring of a property manager would relieve a property owner of liability in that circumstance. Let me know if I can be of further assistance.

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Answered on 8/07/10, 2:19 pm
Alvin Lundgren Alvin R. Lundgren, L.C.

Hiring a property manager does not mean there is not negligence. You may need to sue the condo owner. That will force the insurance company to take a closer to take this matter seriously.

You may call for a free consultation.

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Answered on 8/09/10, 8:56 am


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