Ceiling damage from a leak
Question
Shalom.
An apartment on the second floor had a burst pipe; the water seeped through the floor and after a few months caused damage to the ceiling of the first floor. Are they obligated to pay? Can they be exempted under the principle of "mafkir nezakav" (one who renders his damaging property ownerless)?
Answer
Shalom u-vracha.
It depends whether they knew that there was a problem that required repair, were negligent and did not fix it, or whether they did not know.
Answered by
Answers questions at Rav Amram Fried's Beit Horaah
Smicha "Yoreh-Yoreh" (2012), Rav Amram Fried's Beit Horaah
Orach Chaim, Yoreh Deah
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