Neighbors from below were flooded: what to do, how not to pay, how to prove your innocence

A person living in an apartment periodically faces problems and domestic accidents. Either the switch breaks or the faucet leaks. Most often, such breakdowns do not cause consequences and are quickly repaired by a technician.

But, if you do not pay attention to this in time, even a leaking faucet can cause flooding. This leads to property damage, both in your apartment and in the apartments below.

This article describes what to do if you flood your neighbors below.

The apartment on the floor below was flooded - your actions and rights under the law

Even if a flood is discovered in your apartment, do not panic or despair. All problems are fixable and this is no exception. Approach the task with a cool head.

Shut off the light and water

The first and most important steps when your neighbors below are flooded are to turn off the electricity and shut off the pipe through which water enters your apartment. If the breakdown is in your apartment, then the water will stop flowing.

If you then come from outside, you will understand that you need to look for the problem above and turn off the water supply in the entire entrance.

Turning off the power eliminates the risk of short circuits and personal injury from spilled liquid.

When all the cracks and seams in the floor are carefully sealed, and drain holes are placed in the right places, the risk of flooding the neighbors below is reduced to zero. This protection is especially useful for people who forget to turn off the tap when filling the bathtub.

Call emergency services

If there is a breakdown that cannot be repaired yourself, contact the emergency service. They will help even if the neighbors were flooded on a weekend.

Find who's to blame

Before you sin on your forgetfulness, establish the true cause of the flood.

In the cases described below, the fault lies solely with the management company. These include breakthroughs:

• sewer riser;
• water pipe riser;
• central heating system.

Damage caused by one of these cases, according to Decree of the Government of the Russian Federation No. 491 of August 13, 2006, is compensated by the organization managing the houses.

Attention! The owner is responsible for the pipes located in the apartment after the shut-off and control valve.

The owner of a residential premises is responsible for the neighbors’ flooded ceiling if the cause is:

• faulty plumbing;
• breakdown of the washing machine or dishwasher;
• a forgotten faucet in the bathroom or kitchen.

However, if the appliance or part of the plumbing was originally defective and was recently installed, the blame is shifted to the seller of this product. The proof will be the receipt, if it has been preserved after the purchase.

If tenants live in the premises, they become the culprits of the flood.

But this can only be proven if there is a lease agreement.

To establish the true causes of flooding in your neighbors, contact an independent organization that conducts an examination of the causes of flooding in your apartment. Do this after two to three days, as the marks will not appear immediately. Also, before inviting experts, representatives of the management organization must come and draw up a flood report, in which they indicate the correct reasons, in their opinion.

Assess the damage

Self-assessment of damage involves inspecting your neighbor’s apartment, identifying damaged places and things, and estimating the cost of building materials to restore the premises to its original appearance.

Based on the information received, draw conclusions about the amount of compensation and discuss it with your neighbor. Having found a compromise, record the results on paper in the form of a receipt so that the other party does not change their mind.

If you cannot agree on a specific figure, use the services of an independent appraiser. He will conduct an examination and determine the market value of all damaged items and materials. For example, if a suspended ceiling is installed in a flooded apartment, then only the work of the company that installed it needs to be compensated.

She will remove the water, dry it and return it to its place. The elasticity of the film allows water to accumulate inside, so furniture and walls in a flooded apartment with a suspended ceiling remain dry.

If the neighbor disagrees with the appraiser’s decision, all he can do is write a statement and go to court. There, based on photos, videos and documents provided, the judge will determine the amount of compensation.

Draw up an act

• An apartment flood report is drawn up by an authorized person of the management company.
• When compiling it, both a representative of the flooded premises and a representative of the apartment in which the flood began must be present.
• The report indicates the presence of flooding, the damaged area, and the probable cause.

When the preparation of the act is completed, read its contents and if you do not agree with the specified reasons for the flooding, indicate your own in it. Keep one copy for yourself, the other will be taken by an authorized person of the company.

Important! If you are not allowed into your neighbors’ apartment, which you have flooded, also draw up a report about this. This is done in any form in front of two witnesses.

How to peacefully resolve the situation?

Solving the problem peacefully will nullify the conflict that has arisen and eliminate the need for litigation.

If you flooded your neighbors, meet with them and calmly explain the situation. This is especially true in cases where the cause of the flood was a small child or grandmother who accidentally touched the tap or forgot to turn it off. Your neighbors will definitely understand your situation and perhaps even forgive this misunderstanding.

Record the transfer of money and waiver of claims with a receipt indicating the exact amount, details of the parties, and the date. It is advisable that witnesses be present.

How to win the court if it comes to it?

With a good lawyer, you can win even a case in which a person is guilty. If the flooding of your neighbors was not your fault, then you just need to prove it in court.

Cases when a lawyer can help prove your innocence

As a rule, in flooding cases, the court assumes that the defendant is a priori guilty. In the absence of evidence to the contrary, he is entitled to compensation for damages in full.

1. To win in such a case, the defendant provides the court with witness testimony, the results of independent examinations, photographs and video materials proving innocence.
3. The court will decide in favor of the defendant if he proves one of the following options:

• the result of the flood was negligent or untimely maintenance of communications;
• the flood report or damage assessment was drawn up without the defendant, they contain incorrect or incomplete information;
• The compensation amount includes work that is not necessary to eliminate the consequences of the flood.

Attention! If you know that you are to blame for the flooding of your neighbors below and do not want to pay extra money, do not take the matter to court. Resolve the issue peacefully.

Finding the defendant guilty obliges him to pay both compensation for the damage caused and payment of state fees, forensic examination, costs for a lawyer and an appraiser.

Therefore, in such situations, resolving the issue orally without involving a judge will reduce your costs.

What to do if a resident of a rental apartment floods his neighbors?

The residence of tenants in the premises does not relieve the owner from responsibility for it. According to paragraph 2 of Article 676 of the Civil Code of the Russian Federation, when concluding a commercial agreement, the lessor undertakes to carry out timely repairs of equipment and communications, unless otherwise specified in the agreement.

In this regard, the tenant who flooded the neighbors from below due to a faulty washing machine or faucet is innocent of what happened. The fault lies with the apartment owner.

But, if he simply forgot to turn off the tap or used the washing machine for other purposes, the responsibility passes to him.

In this case, according to paragraph 1 of Article 1064 of the Civil Code of the Russian Federation, the person who caused this harm is obliged to compensate for the harm.

Where to go if an invoice was issued in your absence and you do not agree with the damage?

A flood and assessment of its consequences can occur in the absence of the owners of the culprits. If they disagree with the damage, their actions come down to three possible options.

• Conduct another independent examination and talk with neighbors based on its results;
• hire workers to restore the consequences, agree on an estimate with them and the injured party;
• leave the case until the trial and demand a forensic examination, which will establish the real cost of the damage.

Judicial practice of the issue

The following case can serve as an example of judicial practice. Defendant Sh.

in the Moscow City Court he tried to prove that the amount of compensation required from him was higher than necessary, since the plaintiff’s apartment was in a worn-out condition.

The court, based on the practice of higher courts and the law, decided to pay the required amount in full. There are no grounds for reducing the amount of compensation, since new materials are required to restore the damage.

Accused of apartment flooding

Each of you may encounter a similar problem when your neighbors flood you, or you receive a complaint that you are flooding them.

Only few people know how to act correctly in such a case.

Let's figure out how to properly respond to the current problem.

The first thing that needs to be done is to eliminate the cause of the flooding. If we are talking about neighbors, then you should go up to the floor above and check if anyone is at home. If the neighbors are at home and aware of the situation, then the problem is not so bad. There are worse situations, for example, neighbors went on vacation or a business trip, what should you do then?

You need to call a mechanic from the housing department, he, in turn, will shut off the water in the riser of the high-rise building, the issue can be considered partially resolved, and now you will not face even greater damage.

If you were unable to reach the housing department, then do not waste your time, call the city emergency service immediately.

Of course, they won’t repair the breakdown, but they will turn off the water very quickly, and at this stage this is what is most important to you.

The next step is to record the fact of flooding.

To do this, you need to draw up a flooding report; without this document you will not be able to win your case in court. You go to the housing department and agree on the spot on the date on which the appointed commission will come to you to draw up this paper.

If you have become a victim of the opposite situation and do not know how to prove your innocence in the flooding, then you must understand one important detail.

If you refuse to sign a notice regarding the arrival of the commission, then it will simply be sent to you by mail in the form of a registered letter or telegram, and this will be legal.

Flooding can happen not only due to the fault of your neighbors, so don’t rush to attack them right away. It is likely that the cause of all the troubles is an unscrupulous developer and he will have to answer for the flooding. That is why it is so important to understand the issue in detail.

• Next, it is advisable to invite a competent appraiser.

The main job of such a person is to competently, quickly and efficiently assess the damage received. If you are looking for a company suitable for these purposes, then first read reviews about it on the Internet. There is no need to rush in this matter, and approach the issue with maximum responsibility.

Apartment Bay Act

Please note that the inspection by the commission is usually carried out 7-8 days from the moment you were uploaded. Such a delay occurs for one purpose - to notify the commission of all those responsible for the incident. It is at this moment that the most severe consequences of the flood will appear more clearly.

The commission consists of at least three people - representatives of your housing department and an expert. In some cases, one representative of the developer is invited to the commission. Next, an act is drawn up in any form. It must include the following points:

– the fact of flooding of this premises and the reasons why this happened. Visible damage to floors, walls, plaster, etc. will be described here;

1. – the reasons why the accident occurred. The root cause of the incident is clearly stated: it could be a tap left open, a breakdown of certain equipment, a leak in the risers;
2. – relationship between cause and damage.
3. The report also indicates the time when the emergency service was called and the time they spent troubleshooting.

After all the descriptions, the full commission must sign the above-mentioned act and put the seal of the housing department. In addition, video recording of the damage or simply photography will be carried out.

Proof of innocence in the bay of the apartment

• You must understand that if you are sure that you were not involved in the flooding of your neighbor’s apartment, then you must allow the appropriate commission into your premises so that they can conduct a full inspection of your plumbing equipment.
• This is the only way you can protect yourself from unfair accusations from your neighbors.
• After drawing up the report, the stage of determining the culprit of the incident occurs. Three options will be considered here:

1. Management company. Housing department, homeowners association or other services. There are cases when such accidents occur during the course of some repair work that is carried out by these companies inside your home. In this situation, the culprit will be the contractor entrusted with carrying out these repairs.
2. Neighbours. They are usually the common culprits of the gulf. This happens especially often when, during the renovation process, you begin to rebuild the water supply system.
3. Developer. More often, such problems occur in new buildings, when the developer tries to save on building materials.

Proceedings in court when filling an apartment

In the event that you are accused of flooding, be prepared for legal proceedings. It is advisable to do so if you hire an independent expert yourself and check the condition of your equipment yourself.

Naturally, it is necessary to draw up an appropriate act; subsequently, it will become an excellent argument for defense in court. Hire a competent lawyer who has experience in these matters.

A lawsuit can be filed against you at your place of residence in the district court. Compensation for damage due to flooding is based on the drawn up damage report.

During the trial, the court may order an additional examination. In this regard, it is not recommended to carry out repairs in a flooded apartment in the near future.

Judging from practice, such cases are often won in court, so it is very difficult to prove one’s innocence in what happened.

You should always take such issues very seriously and be prepared in advance for such situations. You must know the main reasons why flooding can occur.

Causes	Explanation
Malfunction of plumbing equipment	If you are accused of flooding, you must present documents that you competently carried out repair work in your apartment in a timely manner and in accordance with all rules. If the fault is caused by faulty and low-quality plumbing, it should be submitted for examination. In this case, you have an excellent chance of proving that the manufacturer of this plumbing was the culprit of the flood, and the damage will have to be compensated to him.
Plumbing work was carried out poorly	This could be due to poor installation of the faucet. Be sure to keep all reports of work performed, they can help you in court.
Work of the operating organization	Such situations occur when the rules of operation of plumbing equipment entrusted to this organization are violated.

In the event that you are nevertheless accused of the fact of flooding, there is no need to make a scandal and get upset. Pull yourself together and follow all the rules. Any problem can be solved by approaching it wisely. If your guilt is nevertheless proven, then you can insist on a review of the amount of compensation.

1. In such a situation, you must conduct an independent examination at your own expense, but this is in your own interests.
2. Personally make sure that during the examination the list of damage caused does not diverge from the originally drawn up report.
3. It’s even better if you take care of such situations in advance and insure your home against such cases.

The neighbors below were flooded - what to do, is it possible not to pay?

What to do if the neighbors below are flooded is the very first question that comes to the mind of the apartment owner. Taking further action directly depends on the cause of the accident.

Possible causes of flooding and the circle of culprits

The causes of flooding may include the following:

• malfunction of plumbing (indoor riser valves, faucets) and breakdown of household appliances (breakdown of a washing machine or dishwasher hose);
• a pipeline break on the roof or among neighbors living on the floor above;
• malfunction of the general building communications system (sewage and water supply riser, central heating system).

The circle of people who may be involved in flooding the neighbors below:

1. owner of the apartment (if leaks occur due to damage to pipes coming after shut-off and control valves, breakdown of plumbing or equipment connected to central water supply systems, responsibility rests with the owner);
2. tenants of the premises (if the social rental agreement contains an indication of the responsibility of these persons for flooding);
3. management company (fault is admitted if the emergency situation was caused by a breakdown of an object that is under the jurisdiction of the company - roofing, main communication systems, etc.);
4. neighbors from the floor above;
5. repair company (the basis for admitting guilt is improper operation of the device or poorly performed work);
6. manufacturer of plumbing or household equipment (cause-and-effect relationships between the accident, breakdown of equipment and its operational warranty are required, which together can only be confirmed with the help of an independent expert assessment);
7. supplier of heat and electricity (the fact of the accident must arise from the consequences of a water hammer or an electrical surge).

Responsibility for flooding

The legislation indicates full compensation for all costs and damage to the victim who incurred them as a result of flooding due to the fault of other persons. Among them:

• the amount of actual damage (established based on objective data);
• moral damage (to make such claims, you must have a certificate from a doctor or other document from an authorized specialist, which reflects the consequences, diagnosis, prescribed treatment or therapy);
• lost profits (may be a consequence of damage to the property from which the owner derives income, a decrease in the initially declared value of the apartment under the purchase and sale agreement, the inability to rent out the apartment until the consequences are eliminated).

The last two options require mandatory proof and recording in the document. The burden of proving these facts lies solely with the plaintiff (applicant).

Step-by-step algorithm for actions in case of flooding of neighbors

You should choose an algorithm of action based on whether you are to blame, or whether it was not your fault that you flooded your neighbors. Below is a more general procedure for responding to what happened.

If the owner is at fault	If the owner is not at fault
1	Eliminate the cause of the leak	Keep everything in its original form
2	Determine the number of affected neighbors and inspect the condition of their property after the flooding	Invite a specialist from the management company to your apartment and your neighbor’s apartment (he must eliminate the cause of the leak, record the fact of flooding (leakage) and draw up a damage report
3	Discuss possible solutions to the problem and the cost of the damaged property (consensus and document all decisions on it)	Find out whose fault the accident occurred
4	If agreement is not reached, invite a service company or an independent expert (the costs of an expert can be divided in half by the participants in the incident or only one of those present will pay for them);	With the help of an expert, estimate the value of the damaged property (this step is skipped if there is a damage report from a specialist of the management company and there are no disagreements about it)
5	View the assessment result	Draw up a document with a list of objects that require restoration, replacement and wait for the appraiser’s report (about 7 days)
6	If the requirements are clearly excessive, you can request a review of the assessment by another expert or issue a refusal	Provide the document to the guilty person, on which he must sign about receipt and familiarization
7	Litigation or compensation for damages from one’s own funds and efforts	Wait for compensation or go to court

Property Damage Report

The damage report is the most important document in case of flooding, which becomes a legal confirmation of the grounds for filing claims and receiving compensation.

It can be composed:

• a specialist from the management company (as a rule, the report may have underestimated damage figures and some discrepancies in the volume of damaged property);
• state expert appraiser;
• independent expert (the service is paid and is carried out at the expense of the victim; costs for engaging an expert can be recovered out of court or through the court).

• You will also need:
• Apartment flooding report - download.
• Application for compensation for damage due to flooding - download.

Contents of the act

1. information about the location and source of the gulf;
2. number of victims;
3. description of the damaged property;
4. probable causes of the accident;
5. date of document preparation;
6. signatures of those present.

How to assess flood damage

There are two main ways to assess damage if the neighbors below are flooded:

• Self-assessment;
• Expert review.

In the first case, these actions are appropriate if you fully admit your guilt in flooding your neighbors and intend to resolve the situation without involving a lawyer or other third parties.

If the injured neighbor refuses to resolve differences peacefully and on their own, it is worth recording the losses through an independent expert organization. This service becomes integral if there is no fault on the part of the owner for the incident or the apartment is flooded by residents from an even higher floor.

How not to pay if you flood your neighbors through no fault of your own

Judicial practice in this area shows that, to a large extent, the court is focused on the presumption of guilt of the defendant. However, each of the disputing parties has the right to prove their case.

The defendant may appeal with the following arguments:

• The company engaged in routine maintenance of the house did not approach its responsibilities in good faith and did not maintain the common property in proper condition, which is why the usual operation of communications led to an accident;
• The document confirming the fact of flooding was drawn up in the absence of the defendant; does not comply with the drafting requirements or is not confirmed by signatures; the document does not reflect the defendant’s previously made comments or is falsified;
• The damage claims are clearly exaggerated; the calculation did not take into account the percentage of depreciation of the property or some features of the appearance that affect the value; additional work is included that is not related to the essence of the requirements.

The defendant may file a motion requesting a forensic examination that will determine the extent to which objective data was used in the previous assessment document.

If, in fact, all the arguments are not in favor of the culprit of the breakthrough, then, in addition to the main amount of damage, he may be charged legal costs (cost of state duty, services of an independent appraiser, legal adviser, lawyer). Therefore, if there seems to be no basis for challenging the position of the victim, it is better to exclude the option of legal proceedings and eliminate the result of the incident peacefully.

The plaintiff may resort to a class action (for example, if the management company is at fault and several neighboring apartments were damaged). The court pays great attention to such requirements, since they express the objective opinion of the majority and, in practice, they are more often satisfied.

For those situations where there is no fault of the owner, you need to notify authorized organizations about this as quickly as possible and request a document confirming the fact of the incident, which will become the basis for receiving or restoring damaged property.

The most frequently asked questions from apartment owners

Question: I live in a new building. In my absence, the plug for the central heating radiators, which was installed by the development company, blew out, as a result of which the neighbors on the lower floors were flooded. The heating riser is located on the landing. Tell me how to resolve the situation if the management company places responsibility on me (the owner).

Question: We encountered a roof leak in our house, as a result of which the neighbor’s apartment below us was flooded. They filed a complaint against us, and we, in turn, filed a complaint with the management company. The management company sends its specialists in our absence, and they cannot get into the apartment. The leak has not been fixed. How to proceed?

Question: As the owner of an apartment, the neighbors below blame me for the flooding, but I haven’t had any breakdowns, the alleged source of the accident is in good condition, everything in the apartment is dry. The act that the neighbors are presenting was signed by the chairman of the management company and the watchman; there is no my signature, since all the documents were drawn up in my absence. How can I prove my innocence?

If your neighbors are flooded, how to prove your innocence

Many of us have found ourselves in such an unpleasant situation when burst pipes and deteriorating plumbing flooded the neighbors below. What to do in this case, will we have to compensate for the damage or can we refuse all claims from neighbors regarding the damaged repairs. Let's talk about this in more detail.

We all know how difficult and expensive it is to make quality home renovations. Therefore, eliminating damage from flooding can cost a hefty sum. It is not surprising that none of the culprits of such a “flood” will want to voluntarily pay for repairs from the neighbors below.

In accordance with Article 1064 of the Civil Code of the Russian Federation, damage caused as a result of the actions of one of the parties is subject to full compensation. If you do not consider yourself guilty of the incident, then you can try not to pay your neighbors and shift the blame to third parties, which will allow you to get rid of unnecessary expenses.

In this case, you will not have to do anything illegal. You are simply defending your rightness.

How to avoid paying damages

 Is it possible to avoid such costs in full compliance with the current housing code? Refusal to compensate for damage is legal, but you will need to prove that the flooding was not your fault. Moreover, this must be documented.

You must be prepared not only to hire experts at your own expense who will determine the cause of damage to the plumbing, but even to defend your case in court. If you are ready for this, you can refuse to pay and relieve yourself of liability for damage to property.

Otherwise, it is best not to spoil relations with the neighbors below and agree with them on partial reimbursement of their repair costs.

The situation is much simpler if the homeowner has insured his national liability. In this case, all costs of damage compensation fall on the shoulders of the insurance company, and the homeowner is freed from any problems.

The cost of such insurance is minimal, while it allows you to get rid of a number of problems and will save you money if you have flooded your neighbors below.

The problem is that most of us hope that this will not happen to us, and consider this type of insurance as a waste of our own funds.

Which of the third parties can be brought as a defendant:

1. Housing workers.
2. Non-professional plumbers.
3. Sellers of low-quality pipes and taps.

Don't want to pay to flood your neighbors' apartment below? Then try to prove that the problem with pipes and plumbing was the fault of the management company. You will be surprised, but it is the incorrect actions of the housing and communal services that lead to pipes bursting and faucets breaking off. Employees of management companies test pipes, increasing the pressure in them, which leads to damage to the plumbing. Another common cause of problems with taps is their improper installation, carried out by plumbers from the housing and communal services department.

If you are completely sure that the management company is to blame for the incident, you need to invite an independent specialist who will draw up an inspection report and determine the cause of damage to the plumbing.

Subsequently, you can refer to the received conclusion and send your neighbors demanding compensation for damage directly to the management company.

Such a management company will be responsible for compensation for damage in case of flooding of the apartment.

Unqualified installation of plumbing is also a common cause of water leaks and flooding of neighbors below.

In this case, we can recommend that you contact the specialists who installed the taps and replaced the pipes. If these are housing office employees, then they must compensate for the material damage.

This also applies to private specialists who perform work with plumbing.

Compensation for damage due to flooding - actions of the injured party

As mentioned above, in accordance with current legislation, the guilty party must compensate for damage when an apartment is flooded. However, in practice, it is not so easy to prove the guilt of a particular homeowner and force him to pay for damaged property.

Especially if he flooded his neighbors, but refuses to admit his guilt. In this case, no one except the court can oblige him to pay the damage he caused. We all know how the judicial system works today.

In court, you can defend your innocence and present evidence that shifts the blame from you to installers, housing workers or sellers of low-quality plumbing. But it will be difficult to prove the opposite to the plaintiff.

Not surprisingly, both homeowners come to a settlement agreement in which the “at-fault” party is relieved of the need to pay damages. Just remember that making false acts in this case is not recommended. This can lead to even bigger problems.

You just need to approach this problem with knowledge.

Call a specialist who has the authority to issue expert opinions, and receive a report that will describe in detail the problems with the plumbing and the reasons that caused damage to the neighbors below.

With a high degree of probability, this will save you from the need to compensate for damages, which will be paid to the injured party by the real culprits of the problems with the pipes.

Conclusion

As a conclusion, we can say that today the current legislation regulates the relationship between homeowners in apartment buildings.

If your pipes burst and flooded your apartment and the apartment of your neighbors below, you should not fall into despair, counting the damage that you need to compensate your neighbors.

Problems with plumbing can be caused by unskilled actions of third parties, and it is to them that you can shift all the costs of compensating for damage from a flooded house. You just need to do various acts and prove your innocence, which will save you from unnecessary expenses on compensation for damage.

The neighbors below were flooded. How not to pay

• Everyday living in apartment buildings can often fill the lives of its owners with unpleasant surprises and surprises: quarrels with neighbors over electricity, repairs, noise and, of course, flooding.
• In case of one-time or systematic flooding of apartments, those responsible should think about measures to prevent relapse in order to save money on their wallets and nerves.
• In this article we will talk about the legal aspects of flooding neighbors’ apartments, about what responsibilities a person bears if he causes a flood to his neighbors through his own fault.

There are situations in life when citizens' property becomes the result of flooding by neighbors. Unfortunately, no one is immune from such situations; in such circumstances, citizens directly turn to their neighbors with complaints.

However, when the actions of citizens cause flooding of neighbors living below them, many questions arise: what to do? What is the extent of damage caused? etc.

Immediately after causing damage, first of all, you must maintain composure and try to eliminate the cause of the water leak as quickly as possible.

Further, individuals should immediately contact their neighbors and try to calmly, without scandals, resolve the conflict. The most important circumstance will be not bringing the conflict to trial, due to saving money, time and nerves.

If citizens flood the home of their neighbors below, they often have no idea what to do next. In such situations, it is necessary to develop a specific plan and pattern of subsequent behavior.

1. As mentioned above, at the very beginning, it is necessary to eliminate the cause of the accident by shutting off the mechanism that creates the leak.
2. Next, with the help of a housing office employee, the flooding is recorded, where the fact of the accident is displayed, and the culprit of the crime is identified.
3. Then the amount of damage caused is determined, as well as the amount of monetary compensation that the culprit is obliged to pay to the victim.
4. In the event of a flood, the culprit must find out as quickly as possible the amount of damage caused and try to resolve the problem pre-trial; in cases where he does not want to pay compensation, legal order is 99% ensured.
5. After this incident, many are puzzled by the question: should the culprit be personally present when drawing up the accident report?

In accordance with the law, a special commission is created to determine and fix the size, the composition of which is formed by representatives of the management company. Based on the results of the damage assessment, the commission draws up a report.

Often, during a flood inspection, the person responsible for the flood may be invited, who has the right to include his comments or disagreement with the decisions made by the commission in the act.

An interesting position is that although the law does not oblige the culprit to be present during the procedure for drawing up the report, at the same time, if he wants to get into the damaged apartment, its owner has the right not to let the culprit in.

The primary questions when flooding are: “What to do?” and “Who is responsible?” There are cases when the owners of apartments located above the victims are to blame for flooding.

It must be taken into account that the proper operation and good condition of the house are regulated by management companies, and if they are found guilty of flooding, they are responsible.

Let's consider the characteristics of responsibility and persons responsible in such situations:

• Housing office or maintenance company found guilty of damage to the roofs of buildings, which resulted in floods on the upper floors or damage to the structure of buildings, in particular walls. In addition, these organizations may be found guilty in emergency situations involving damage to main communications;
• The repair organization is found guilty for accidents that occur during repair work or improper work. In such cases, there is usually an incorrectly installed device that caused the leak;
• If the culprit is a company that manufactures equipment, it will be liable for damage due to the poor quality of the product (plumbing). It should be noted that evidence of the involvement of this organization in causing harm is quite difficult to find. In this case, it is necessary to carry out an examination of the equipment with the help of specialists. This procedure is usually expensive.
• If the electricity or heating water supply providers are found guilty, they are liable for damage caused by electrical stress or water hammer.

It should be said that the above list of persons responsible for causing harm is not exhaustive.

We should not forget that individuals themselves can assess the damage caused. According to the law, the amount of damage must be compensated by the guilty person in full.

However, some unscrupulous residents, when their apartment is flooded, are aimed at unjust enrichment and try to inflate this amount, which, as a rule, will be used to repair the entire room or apartment.

Therefore, self-assessment of damage is the best way out of this situation. If the victim refuses such an assessment, independent experts who have the right to carry out these activities are invited.

It is also necessary to distinguish between the concepts of “premises restoration” and “premises renovation” in financial terms. Of course, it is better to resolve this situation pre-trial.

In the opposite situation, the person will incur expenses aimed at paying the fee, legal counsel, and assessing property damage.

In this case, it is not at all necessary to wait for neighbors affected by flooding to file a claim in court. You should always look for ways that lead to the possibility of consensus with the opposite side.

For example, a person may offer to repair the premises on their own, eliminate the damage caused, restore products and equipment damaged by flooding, etc.

Any agreement with neighbors must be recorded in writing, which in the future will relieve the parties from claims, demands to pay a larger amount of damage, etc.

• Independent examination
• If neighbors make unreasonable or inflated demands, the guilty party must inquire about the reasons for the presentation.

If persons do not come to a common conclusion, an independent appraiser is appointed to assess the damage caused. Only his conclusion can be taken into account by the court as true.

If an assessment has not been carried out, any claims of victims may be contested. Neighbors cannot demand payment of damages from the guilty party until this examination is carried out. Moreover, it can be carried out after the persons apply to the court.

Going to court

Going to court is the right of neighbors, exercised in the event that they could not reach an agreement with the culprit of the flooding. When filing an application, they are required to pay a state fee, the cost of which depends on the requirements of the claim.

The losing party is required to pay compensation. When participating in a lawsuit, the parties should also not think about inflating their demands, since the court will most likely refuse to satisfy this demand.

The civil legal process in court is adversarial, which means that both parties have the right to present any evidence that can prove their case and improve the situation.

view a sample statement of claim for this legal dispute by downloading this file .

At the moment when the plaintiff proves that the declared amount of recovery is reasonable and correct, the defendant proves that he is not at fault in the flooding, demands a re-examination, etc.

1. The result of a repeated examination may differ significantly from the initial one; in this case, its conclusion may affect the court’s decision.
2. Compensation for losses
3. The law provides for the possibility of demanding from those responsible for flooding not only the amount of actual damage, but also possible lost profits.

The most common examples are: selling an apartment at a lower price, damaging things that bring income to the owner, etc.

Lost profits must be proven, most often documented. Also, the injured party may demand compensation for moral damage. The burden of proving this legal issue lies with the plaintiff.

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