Payment for damage caused by flooding
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Question
Due to flooding on a neighbor's balcony (roof), water penetrated into the elevator and destroyed it.
1. Is this considered negligence (peshiah)? Apparently there was no mesh over the drainage hole, but on the other hand he was not aware that there was a blockage, and there was also an unusually heavy rainfall.
2. Does this obligate him to pay – even if it is only indirect damage (grama), etc.? I heard a claim that from the perspective of a partner one is obligated to pay even for something that does not fall under the usual categories of monetary liability and “a person who causes damage.”
(And there are many practical ramifications, such as where he did not supervise his child, etc.).
He is also a member of the building committee, and perhaps that also imposes upon him a duty of care/guardianship.
3. If this is in doubt, is he considered the “muchzak” (the one in possession)? For on the other hand, as long as the neighbors have not paid and he is suing them on the basis of the neighbors’ obligation to provide an elevator, they too are considered muchzakim.
Thank you.
Answer
Shalom u-vracha,
Of course it is impossible to rule in monetary matters without hearing both sides.
However, the principle is that one is not held liable for damage caused by dampness or water infiltration unless there was negligence. And here there was no negligence.
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