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Thelawman2, Attorney
Category: Legal
Satisfied Customers: 1612
Experience:  Attorney-at-Law
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I live in a condo development. My upstairs neighbor's air

Customer Question

I live in a condo development. My upstairs neighbor's air conditioner compressor leaked into my unit. I want to recover my $1000 deductible. He is resisting payment
JA: What state are you in? It matters because laws vary by location.
Customer: Oh sorry. The condo is in Florida.
JA: Has anything been filed or reported?
Customer: Yes. Filed with my insurance company. I have a $1000 deductible. Damage was $1700. Neighbor's insurance company refused to pay my deductible. Said neighbor was under no duty to service their a.c. compressor.
JA: Anything else you want the lawyer to know before I connect you?
Customer: I live in Maryland (will move to my condo later in the year, or early 2018). Neighbor spends summers in PA.
Submitted: 2 months ago.
Category: Legal
Customer: replied 2 months ago.
Can you let me know if I'm going to hear back from you in the next 10-15 minutes?
Customer: replied 2 months ago.
Expert:  Thelawman2 replied 2 months ago.

Hello, my name is ***** ***** I will be helping you today.

Either the responsibility for this will be with the neighbor or the condo association. Most likely it will be the upstairs neighbor because the air conditioner compressor is most likely not a common element but instead is related to specific units. What the insurance company is probably claiming is that the air compressor leak was not caused by negligence and therefore, the neighbor is not responsible. However, most condo association documents state that an owner is responsible for damage to another unit caused by the operation of defective appliances within that unit. Therefore, you should check your condo association documents to make sure it has this strict liability standard.

Additionally, you could always try to sue under a negligence standard and claim that the neighbor must have not had their compressor serviced for a while, which would be negligent because it should be checked yearly.