Procedure for flooding an apartment
What to do if your apartment is flooded? The procedure itself is quite simple and is an algorithm of the following actions, in order:
- Drawing up a report on the incident (with the participation of the management company and neighbors);
- Damage assessment and independent examination after apartment flooding;
- Drawing up and sending a pre-trial claim to the alleged culprit;
- Negotiating a peaceful settlement of compensation for damage caused by flooding of the apartment;
- Drawing up and filing a statement of claim in cases where mediation did not produce results;
- Court of First Instance;
- Court of Appeal, if the decision does not satisfy the parties regarding the amount of money collected or the determination of the culprit of the flood;
- Obtaining a writ of execution;
- Initiation of enforcement proceedings at the request of the victim;
- Execution of a judicial act until all damages to the repairs and property of the apartment are fully repaid.
When the premises have suffered such damage, the first thing that needs to be done in order to receive compensation for damage due to flooding of the apartment is to establish the cause and the culprit.
IMPORTANT : it is better to invite all interested parties in advance to conduct the assessment, including all possible culprits, and this can be done in writing or by telephone. Subsequently, the guilty party will have fewer reasons to claim its independent forensic expertise when considering the case in court.
The causes of the problem may be:
- open or broken tap;
- burst battery;
- malfunction of the general building structures of the house, incl. roofs;
- burst pipe;
- a washing machine broken during operation, and the owners were not at home, etc.
The culprits are those who caused the accident:
- your neighbors from the apartment on the top floor, it is possible that neighbors across the floor or adjacent risers and entrances;
- management company, HOA, TSN, etc. (in terms of maintaining home networks in proper form);
- developers who committed a violation during construction, a hidden defect that caused the apartment to flood.
But, be that as it may, the procedure for compensation for damage when an apartment is flooded involves drawing up a report at the scene of the incident. It is this document that will be the first basis, as well as evidence of guilt and the extent of damage, when the applicant files a claim for compensation for damage when the apartment is flooded.
Independent examination after apartment flooding
Without assessing the damage, it will be difficult to establish its amount in court. An assessment of damage, as well as a report drawn up immediately after the incident, are necessary when considering a case in court. This document is based on the amount required for repairs. The value of the claim is based on the results of the assessment and forms the basis for calculating the state duty on the case.
Moreover, very often it can include not only finishing materials, but also:
- services to eliminate the consequences of apartment flooding;
- the cost of furniture that can no longer be restored;
- wires;
- household appliances requiring repair or replacement;
- floor coverings;
- delivery services for finishing materials;
- repair services provided by contractors;
- interior items, for example, expensive paintings, accessories, etc.
Of course, everything can be resolved peacefully by concluding an agreement on voluntary compensation for damage caused as a result of the flooding of the apartment. And this is probably the simplest and fastest way to resolve the dispute. But not every culprit can agree to this, while remaining disagreeing with the evaluative conclusion. Moreover, such an agreement is a consequence of a pre-trial claim brought against the perpetrator.
And one more thing, if it is proven that water entered the premises under circumstances beyond the control of the perpetrator, then he has the right not to pay compensation for repairs.
In any case, it is worth consulting with our specialist – a civil lawyer who will be able to professionally understand the situation.
Statement of claim for damages due to flooding
If there was no response to the claim or there was an answer, but you were not satisfied, you should move on to the next stage, which is the court. You go to the court at your place of residence (if the culprit is a management company) or to the court at the place of residence of the defendant. If the cost of damage is less than fifty thousand, you turn to the Justice of the Peace, if more, to the District Court.
The statement of claim must be drawn up in writing. In the header, indicate which court it is being sent to, and also indicate the plaintiff and defendant. Determine the amount of the claim - this is the amount of damage caused. The paper is called a statement of claim for recovery of damages caused.
Next we indicate the circumstances of the case. Here it is better to describe in detail what happened and when. What happened next - who was called to the scene, how the damage was recorded, were there any witnesses. Then indicate which appraisal organization you contacted and how much they assessed the damage caused to you. After this, you indicate in the claim the legal basis for your demands and, in fact, the demands follow. If the defendant is an individual, then you demand compensation for damage and the cost of expenses incurred (state fees, examination). You can also try to collect interest on the use of other people's funds. If the defendant is a management company, then in addition to the above requirements, you also have the right to ask for penalties under the law on the protection of consumer rights and a fine for failure to satisfy your requirements in pre-trial order.
Next is a list of attachments, which contains a copy of the claim with attachments for all participants in the hearing, a copy of the drawn up act, a copy of the appraisal examination and a copy of the claim with a receipt for sending to the opposing party. You can also attach photo or video materials.
Recovery of damage due to flooding in court: disputes over flooding of an apartment
After filing a claim, wait for an appointment to consider your case. The court, in its ruling on preparation for the hearing, may indicate the need to submit additional documents.
It is recommended to take all original documents, copies of which were attached to the claim, to the court hearing. You can also invite witnesses who, for example, will confirm the fact of flooding of your property.
The court will establish and verify all circumstances, which will be given an appropriate assessment. In case of disagreement with the court decision, the parties have the right to appeal to a higher authority. The period for filing it is quite limited - only a month from the date of the decision.
It is also worth noting that in a court hearing it is possible to conclude a settlement agreement if the parties make some compromises with each other.
