Payment for damage caused by flooding

Following a flood on a neighbor’s balcony (roof), water entered the elevator and ruined it. 1. Is this considered negligence? It seems there was no mesh over the drainage hole; on the other hand, he did not know that there was a blockage, and there was also an unusually large amount of rain. 2. Does this obligate him to pay — even if it is grama, etc.? I heard an argument that as a partner one is obligated to pay even for something that does not fall under the category of property damage or adam hamazik. (And this has practical ramifications for many cases, such as where one did not watch his child, etc.) He is also on the building committee, and perhaps that also gives him an obligation of safeguarding. 3. If it is a doubt, is he considered the party in possession — because, on the other hand, as long as the neighbors have not paid and he is claiming from them based on the neighbors’ obligation to provide an elevator, they too are in possession. Thank you.

Hello and blessings 

Of course, one cannot adjudicate monetary matters without hearing both sides.

However, the principle is that one is not held liable for water-damage losses unless there was negligence. And here there was no negligence. 

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