Coop - Condo Insurance Negligence Question

When Negligence Is Suspected

I am a shareholder in a co-op. Last year, my radiator sprang a leak, causing damage to my neighbor below. The board fixed the radiator, and I was not asked to pay for the repair. Now, however, I am being asked to pay for damages to my downstairs neighbor. Am I responsible?

“The writer would not be responsible for damages to the neighbor’s apartment unless it can be shown that the damage was caused by the writer’s negligence,” said Arthur I. Weinstein, a Manhattan co-op and condominium lawyer.

Negligence, he said, could include a shareholder’s failure to advise management of the need for repairs in a timely manner, failing to provide access for repairs or doing something that caused the damage to the radiator.

Mr. Weinstein said this situation demonstrated the need for all co-op shareholders to have insurance that protects both their own property and the property of others damaged by negligence.

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Original New York Times Article http://realestateqa.blogs.nytimes.com/2009/12/04/when-negligence-is-suspected/

*This artile is not meant as legal advice, please contact your attorney regarding legal issues and or your insurance agent regarding insurance coverages. Please note that different states have different insurance and real estate laws.

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