Did your property suffer water damage? This is for you

Did your property suffer water damage?  This is for you

What to do if a property suffered water damage?

Downpours and with them floods can cause serious damage to your property and can be very expensive to repair. Laws can offer protection against some kinds of events caused by water, depending on how the event occurred.

What is considered a natural disaster?

When a natural disaster, including: earthquakes, hurricanes, floods, storms, tornadoes, gales, etc., destroys your property, no owner can be held responsible for the damage that occurred.

In the same way as insurance against the phenomena described above, a homeowner can also obtain insurance against natural disasters to cover damages caused by them.

Water damage caused by a landlord’s carelessness

If a neighbor’s careless act results in the artificial diversion of water to a property, the owner can obtain redress from the neighbor for the resulting damage. In general, a neighbor will not be liable for damage to your property caused by damage caused by natural conditions of dirt and rain.

However, if the neighbor altered your land so that more water would flow to your property than would naturally occur, you may be able to financially recover from the neighbor for your damages. There are three types of laws that can help you with your claim:

  • The law of reasonable use of land. Under this law, if a neighbor alters your land, they may be liable for the resulting damage to your property if the alteration was unreasonable or unnecessary.
  • The Common Enemy Rule treats all stormwater and other water sources as such for landowners. Under this rule of law, property owners can take whatever steps they want to prevent and protect their surface land.
  • The law that regulates Civil Law imposes liability on any owner who changes his land in a way that alters the natural flow of water through it. Therefore, under this law, if a neighbor alters your land and damages your property, you may have to claim the recovery of it from the neighbor.

What type of water damage can a homeowner be liable for?

If a person’s property suffers water damage due to the negligence of a neighbor, the person can recover:

  • Money product of the value of the repairs caused by the damages.
  • Additional expenses: payment of lodging until your property is repaired.
  • Medical expenses, caused by physical or mental anguish.
  • Punitive damages: if the neighbor acted negligently, aware of the damage that his carelessness would cause.

If you consider that you have not been repaired for the damage caused, the help and advice of a lawyer will be the step to follow to file a lawsuit for the damages caused.

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