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The court forced the Magadan to pay a neighbor for the flood
Magadan city court forced the culprit of the flood to compensate the neighbor. A woman received 92 thousand rubles for damaged property.
The victim herself went to court with a lawsuit to recover pecuniary damage. According to the press service of the UFSSP in the Magadan Region, due to the carelessness of a neighbor, a leak in the water pipe formed in his apartment, as a result of which the owner, owner of another apartment suffered walls, ceiling and property.
As the expert of the information portal Zhilfin.rf (within the framework of the project of the Ministry of Finance of Russia on financial literacy) Lolla Kirillova explains, the perpetrators of such incidents often consider the water supply or heating system in their premises as a common house. However, this is mainly not the case.
“The responsibility for maintaining the elements of the water supply system lies with the owner of the premises. If the cause of the system breakthrough is a malfunction in the owner’s premises, he answers, ”the expert explains.
According to Lolla Kirillova, in order to be entitled to compensation for damages, the plaintiff is obliged to prove a combination of such circumstances as: the onset of harm, the wrongful conduct of the inflicter of harm, the presence of a causal relationship between the onset of harm and the unlawful behavior of the inflicter of harm, the fault of the inflicter of harm, as a rule - negligence.
“However, the owner can then claim compensation for the payments to neighbors from those who carried out his repairs, especially if he is still fresh enough. To do this, you need to save all documents related to the replacement of pipes, etc. In any case, it is advisable to find out the reason for the breakthrough from specialists. One act, that there was a leak, is not such. Sometimes the owners manage to prove that their pipes have nothing to do with it, and the reason is the water hammer - a sharp increase in pressure in the water supply above the prescribed level, ”said Lolla Kirillova.