A.G. from New Haven County, Connecticut writes:
Dear Mister Condo,
My neighbor downstairs toilet was clogged and over flowing causing water damaged to my kitchen, living room and half bath. Condo Association claims he nor his insurance are liable because it was not negligence. Can I take him to small claims court to make him or his insurance pay for damaged caused to my unit?
Mister Condo replies:
A.G., typically your homeowner’s insurance should pay for damage to your unit. That doesn’t mean that you can’t sue the other homeowner but you may be limited to your out of pocket expense for insurance deductible. I offer no legal advice here so please speak with an attorney for a legal opinion on the validity of your claim. Either way, I am sorry that you have this damage to your unit and I wish you good luck in cleaning up your unit and remediating the damage. Be sure to keep a vigilant eye against mold that could also follow a water intrusion event like this. All the best!