Who is responsible for car damage caused by pipe that leaked in garage and does immediate pipe repair waiver responsibility

Bankruptcy and Debt 10 views 1 answers
$1200.00 damage-- The HOA (I rent) has a rule that IN ABSENCE OF GROSS NEG. OR WILLFULL MISCONDUCT -THE HOA IS NOT RESPONSIBLE. - The pipe has a buildup of rust(1/4 in) where the leak is, which shows it has been building for some time, before leaking. Supposedly other people's cars were damaged over the years and they used the same excuse. I say FAILURE TO MAINTAIN/INSPECT pipes regularly is NEGLIGENCE -instead of waiting for damage to happen 1st, then repair and say they are not responsible. There is cobwebs/dust buildup all over the pipes. There is no way through a ROUTINE INSPECTION/MAINTENANCE this could have been missed as I am sure it took quite awhile for this rust to buildup/leak. Day 3 no pipe repair yet. They say take it to my car ins. co. which penalizes me for claims.

Attorney Answer

1
Pamela KoslynBusiness AttorneyLos Angeles, CA ·
Your HOA has a rule exculpating them from ORDINARY negligence, and you seem to acknowledge this is ordinary, not GROSS, negligence. You can either use your own insurance, or sue them in Small Calims court, if your HOA CC&Rs and Rules allow disputes it be resolved that way. But they'll reply on that rule as a defense. Disclaimer: Please note that this answer does not constitute legal advice, and should not be relied on, since each state has different laws, each situation is fact specific, and it is impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and documents at issue. This answer does not create an attorney-client relationship.
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