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Brandon M.
Brandon M., Counselor at Law
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Experience:  Attorney experienced in numerous areas of law.
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I had a flood in my apartment that caused damage to the apartment

Resolved Question:

I had a flood in my apartment that caused damage to the apartment downstairs. Am I legally liable in the state of Colorado for damage beyond my own apartment?
Submitted: 7 years ago.
Category: Legal
Expert:  Brandon M. replied 7 years ago.
Hi there:

what was the cause of the flood?
Customer: replied 7 years ago.
The tub leaked/ overflowed. The tub was faulty but I didn't catch it until it had flooded both the bathroom and bedroom
Expert:  Brandon M. replied 7 years ago.
Hi again:

the apartment occupant would ordinarily be responsible to any adjacent units for damage caused as a result of faulty plumbing. This happens all too often.

Let me know if I more information is needed, and please remember to click "accept". Thanks.
Customer: replied 7 years ago.
I was told by a lawyer here in town that Colorado Law protects tenants against unintentional damage to areas beyond their own occupied space and was looking for confirmation to that affect, your answer is surprising. Are you based In Colorado?
Expert:  Brandon M. replied 7 years ago.
Hi again:

I am not based in Colorado, but I absolutely disagree with the attorney that you spoke with there. Does that attorney specialize in landlord-tenant law, real estate law, or at least insurance law? Imagine that someone above you is completely negligent; they flush their toilet and see that it starts to overflow, but think to themselves "I'm sure it will stop before there is a problem"--it then proceeds to continue running and floods your apartment. Does it really logically follow that you would be responsible for the damages cause to your apartment?

I would ask that attorney to put his/her opinion in writing. Maybe they are aware of some fact in the case that I am not, but I stand by my estimate. Thank you.
Customer: replied 7 years ago.
I was not negligent, just a victim of circumstance. I happened to be drawing a bath when the tub malfunctioned. I covered the owners insurance deductible, and all the damage done to my landlords unit but don't feel that I should pay the insurance company as well. The person I spoke with is a retired judge here in Eagle County. Can you answer effectively about Colorado law or are you speaking broadly about California law?
Expert:  Brandon M. replied 7 years ago.

I am speaking of Colorado law; California law happens to be the same in this situation. I admit that in the rare occasions that I get into a dispute with a judge over a matter of law, I later discover that I am wrong in about 70-80% of the cases, but I am also right in those situations 20-30% of the time I am very curious where the statutory authority for this allegedly is.

If you'd like find out where it allegedly exists and bring it back here. We can keep the question open; if I'm wrong, upon your request, I will see to it that your fee is refunded. Thanks, XXXXX XXXXX hope to hear back from you at some point in the future.
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