If our neighbor left their hose on and our basement flooded, if theyare only renting who is responsible for damages – the tenant or the landlord?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
If our neighbor left their hose on and our basement flooded, if theyare only renting who is responsible for damages – the tenant or the landlord?
Asked on August 16, 2011 West Virginia
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
A definitive answer has to take cognizance of all the facts--e..g did the hose stay on because the valve on it was defective, which would tend to be the landlord's responsibility? However, that said, from what you write, it would seem that normally it would be the neighbor who is liable, or financially responsible. The neighor is the one who would typically be at fault in this scenario; he or she either intentionally left the hose on or negligently (carelessly) did so. The landlord--or any property owner--is not usually liable just because something occurs on his or her property; rather, liability hinges on some bad act, some careless act, or, at a minimum, a failure to exercise reasonable care to avoid problems. If the landlord did nothing wrong and the neighbor left the hose on, it should be the neighbor's liability.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.