23 Jan 2017

A question about : Washing machine disaster

I live on the top floor of a three storey block of flats. My washing machine leaked so badly the other day that both flats below me were flooded. The flat immediately below me is in a very sodden state and the owner has no contents insurance ( neither do I ).

Whilst I feel a moral responsibility to help this person pay replace the damaged items, have I got a legal responsibility to pay for everything? The owner thinks that I do but someone told me that isn't the case. Does anyone here know for certain? I would be very grateful for a definitive answer to this.

Best answers:

  • Legal responsibility is determined by whether the incident could "reasonably" have been avoided. This in effect means if the machine had a history of flooding etc and you did not repair it then you may be responsible.
    However if it just leaked out of the blue you would not normally be legally liable.
    The person below not having contents insurance is not your fault.
    Contents Insurance for flats is expensive mainly due to the frequent claims for leaks from above
  • ^
    You would only be liable if negligible so a one off leak that came with no prior warning means no liability.
    I hope that you both have insurance now.
  • Ouch, better have insurance!
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