Upstairs Apartment Leak Caused Damage – What Are My Rights?

[Persia]

You'll find it hard to make negligence stand up.

Impossible to prove negligence in such a scenario alright, however "Res Ipsa Loquitur" (The facts speak for themselves): If the item causing the leak was entirely under the control of the defendant (e.g., their washing machine), and such an incident would not normally occur without negligence, the court may presume negligence.

If i was framing my case for a smal claims court, I would rely on this as a reasonable argument.

This individual needs to be held accountable. Simply shrugging their shoulders and giving it the old not my problem mate, would be incentive enough for me to pursue.

Res ipsa loquitur - Wikipedia

en.wikipedia.org

The Irish courts have applied the doctrine. In Hanrahan v. Merck, Sharp & Dohme (Ireland) Ltd. [1988] ILRM 629 the supreme court held that in cases of nuisance the burden of proof could be shifted to the defendant where it would be palpably unfair for the plaintiff to have to prove something beyond their reach. The facts concerned poisoning of farm animals downwind of a chemical plant.

Big jump from small claims court to supreme court but the principle is established in Irish law.

 

[DannyBoyD]

shrugging their shoulders

The average domestic owner does not carry out certified inspections on their appliances every month.

From the OPs post, the owner fixed the issue once they were aware of it.

Not sure OP wouldn't be throwing good money after bad.

 

[Persia]

Not sure OP wouldn't be throwing good money after bad.

It costs €25 to make a small claim in Ireland through the Small Claims Procedure, cost of a 3 or 4 pints.Hardly tip them into penury

 

[Leo]

OP has neither claimed nor established this.

If they could a successful claim would of course ensue.

True, not confirmed but suggested. If there was any chance the leak was from the roof or any other element of the complex itself, like the water supply prior to entry to an apartment, the conversation with the OMC should have been very different.

Perhaps it might be worth going back to the OMC stating that the other owner denies any leak and so request they investigate a potential leak in the building supply lines or drains. Apartment owners are legally obliged to provide their agents access and even to open walls as required for such issues.

 

[8till8]

Great answer @Persia

If it was me I'd be persuing the apartment owner for the repair costs but.... if I could get water to flow upwards

 

[Luternau]

Perhaps it might be worth going back to the OMC stating that the other owner denies any leak and so request they investigate a potential leak in the building supply lines or drains.

The insurance excess for water leaks/ingress on apartment block policies are generally very high.

 

[Leo]

The insurance excess for water leaks/ingress on apartment block policies are generally very high.

Oh, I'm aware, this was more a tactic to allow someone gain access to the other party's apartment so they could establish where the leak originated.