So Who's Liable?

[everfresh1]

So I Clean this apartment today, I hook up to an outside faucet, I don’t carry water on my minivans, I cleaning the upper apartment, after I'm done I get a call from the complex, the lower apt flooded because there was a leak inside the wall from a broken pipe, I guess the faucet I used had frozen and broke prior to me using it. The whole lower apt flooded, I did go back and suck the water out for free, but that’s it I'm done, they called another co. to come in as I was leaving, the maintenance guy was telling them, they'll probably sue me :roll: ...Please.. I spent 2 hrs. Extracting most of the water for free, Screw that place

 

[hogjowl]

Obviously, from the way you describe the situation, not your fault.

Personally, I probably wouldn't have extracted the water for free.

 

[ACE]

Do you even have liability insurance?
Always, crimp the hose and LISTEN!! If you still hear water the fixture is broken.
Your’ not responsible for faulty plumbing but, your supposed to be a pro and should not make them call someone else to dry the apt. Telling them all your doing is sucking up the water is kind of “ ”ish.

 

[KevinD]

I know fresh water tanks have been debated and beat to death on every board but it is the # 1 reason I use them.
Living in the Northeast, freeze proof faucets are quite often improperly installed without the proper pitch to allow the water to drain out of them and they freeze and break.
Also the valve seat is so far behind the wall you cannot tell it is leaking behind the wall when you turn them on.

As far as who's fault it is and this is only my opinion.
You used it. You should know the risks of using outside plumbing.
You now have a water damage job to pay for...You are insured? right?

 

[everfresh1]

I know fresh water tanks have been debated and beat to death on every board but it is the # 1 reason I use them.
Living in the Northeast, freeze proof faucets are quite often improperly installed without the proper pitch to allow the water to drain out of them and they freeze and break.
Also the valve seat is so far behind the wall you cannot tell it is leaking behind the wall when you turn them on.

As far as who's fault it is and this is only my opinion.
You used it. You should know the risks of using outside plumbing.
You now have a water damage job to pay for...You are insured? right?

I'm not paying for shit yeah, I'm insured so what? The pipe was broken before i got there

 

[everfresh1]

Do you even have liability insurance?
Always, crimp the hose and LISTEN!! If you still hear water the fixture is broken.
Your’ not responsible for faulty plumbing but, your supposed to be a pro and should not make them call someone else to dry the apt. Telling them all your doing is sucking up the water is kind of “ ”ish.

Do you ask stupid questions? Plus you wouldn't be able to hear the water running inside the apt wall genus and what do you think I'm going to do a complete water damage job for free? The people they called came in with nothing but a water claw no dehumidifiers or anything which is what they needed I don't normally do water anyway screw um

 

[Lyman]

If the pipe was broke before you got there, who turned the water on to the faucet is responsible.

 

[everfresh1]

Obviously, from the way you describe the situation, not your fault.

Personally, I probably wouldn't have extracted the water for free.

Now this is a smart man..I only extracted the warter for free, because I felt bad for the people who live in the apt I shouldn't have botherd really.

 

[FredC]

did you have to use a "key" to turn it on?
is there a spigot for each unit....or is it complex water?
if you needed a key and it was complex water....did you ask to use it?

 

[FB7777]

if all you did was open the outside spigot, then how did that start the flood?

if the pipe was broken inside the wall then shouldnt it have been leaking before you turned on the water from the outside?

If you opened up an inside shutoff to allow the water to flow to the outside spigot then I can see how it would happen... and in that case, I would feel responsible for the leak as I was the one touching the plumbing therefore accepting responsibility for any damage resulting from using their water.

What am I missing on how a wall leak can start by simply turning on an outside faucet?

 

[everfresh1]

If the pipe was broke before you got there, who turned the water on to the faucet is responsible.

How so? Where is the negligence? How I would I know the pipe was broken? it should have been turned off.

 

[everfresh1]

did you have to use a "key" to turn it on?
is there a spigot for each unit....or is it complex water?
if you needed a key and it was complex water....did you ask to use it?

No key they had them throughout the complex

 

[everfresh1]

if all you did was open the outside spigot, then how did that start the flood?

if the pipe was broken inside the wall then shouldnt it have been leaking before you turned on the water from the outside?

If you opened up an inside shutoff to allow the water to flow to the outside spigot then I can see how it would happen... and in that case, I would feel responsible for the leak as I was the one touching the plumbing therefore accepting responsibility for any damage resulting from using their water.

What am I missing on how a wall leak can start by simply turning on an outside faucet?

It was a self draining faucet it was broken in front of the drain point

 

[KevinD]

Freeze proof faucets are notorious for leaking behind the wall AFTER you turn them on.

 

[Ken Snow]

This sucks Jamie, but I wouldbcontact ur agent tomorrow to give them heads up. It could get ugly if you ignorebit but ur carrier could help you and them avoid a lawsuit.

Sent from my DROIDX using Tapatalk

 

[everfresh1]

This sucks Jamie, but I wouldbcontact ur agent tomorrow to give them heads up. It could get ugly if you ignorebit but ur carrier could help you and them avoid a lawsuit.

Sent from my DROIDX using Tapatalk

Thanks Ken.

 

[Derek]

So Who's Liable?

seems you don't like the answers some are giving you, why even ask the question then.

 

[FB7777]

tough break Jamie... pun intended :mrgreen:

I'm no lawyer or insurance adjuster and frankly both of those types scare me a bit

Do what Ken said ... cause as much as you feel like its not your fault, the property manager believes it was caused by your unauthorized use of their properties water and faucet

Obviously the water damage was going to happen eventually ... you were just the unlucky one to turn it on first

Using my best Devil's Attorney Advocate tone...

If you didn't feel the slightest bit responsible, why did you spend 2 hours cleaning up something that you weren't responsible for?

 

[joey895]

I just hope you didn't, in effect, accept responsibility by doing the extraction. The way scumbags, er I mean lawyers operate it wouldn't surprise me if they try to claim that.

 

[Hoody]

If you didn't feel the slightest bit responsible, why did you spend 2 hours cleaning up something that you weren't responsible for?

Without a work auth, or an invoice for said work, I have to agree, any attorney would eat that up really quick. In fact should you get sued that is most likely where they're going to go with it.

 

[ACE]

crimp the hose and LISTEN!! If you still hear water the fixture is broken.

you wouldn't be able to hear the water running inside the apt wall genus and what do you think I'm going to do a complete water damage job for free?

Crimp the hose press your ear to the fixture. If it’s leaking you will hear the water less than a foot away inside the wall. The only thing worse then you flooding your customer’s property and then being an asshole about it, is having this same thing happen again. :!:

Anyone who has been doing this long in the colder states has had this happen (Including me). The difference is how you respond and learning from the experience.

 

[Lee Stockwell]

"Freeze proof" faucets are notorious for this. I inadvertently flooded a bare basement years ago. Fortunately I heard it before much water was involved. Also fortunate the basement wasn't finished.

Since then I've run into six or seven broken ones. Funny thing is some owners leave them that way for years.

The actual valve is deep in the fixture and formatted such that it only leaks when both the faucet is turned ON and there is back pressure from a connected hose.

The fixture gets originally broken when a hose is left connected in freezing weather with water pressure in it, such as with a trigger nozzle on the hose end.

 

[FB7777]

Thanks Lee, good info

With inboard water , I rarely if ever have to hook up to water in the slower winter months.

Good reminder tho for the Spring time occasional water hookups

 

[everfresh1]

tough break Jamie... pun intended :mrgreen:

I'm no lawyer or insurance adjuster and frankly both of those types scare me a bit

Do what Ken said ... cause as much as you feel like its not your fault, the property manager believes it was caused by your unauthorized use of their properties water and faucet

Obviously the water damage was going to happen eventually ... you were just the unlucky one to turn it on first

Using my best Devil's Attorney Advocate tone...

If you didn't feel the slightest bit responsible, why did you spend 2 hours cleaning up something that you weren't responsible for?

Well...At first I argued with the manager,I asked her why they didn't turn the water off from the inside, and I told her it wasn't my fault, then she said she'd give me a bad reputation, and that they had just purchased the complex Dec 28th, in was in forcloser so I figure they didn't know what was going on there before they got it so went back.

 

[renegade_cowboy]

I would think the PM or owner is liable for pipes inside the buildings.. Are they going to charge one of their tenants when they use the spigot and it leaked somewhere inside the building? Somehow i doubt that.. but handle it with a little more grace and professionalism. !gotcha!

Did the PM have spigot covers on all the faucets? If not they didnt do what was necessary to protect their indoor pipes, something to add in your report.

 

[Royal Man]

The pipe breaking could be caused by improper installation causing it to freeze or there was a hose hooked to it causing it to freeze.

It was already broken!!

If I cut my brake lines and gave you the keys for my car. Can I sue you for the accident?

 

[everfresh1]

I would think the PM or owner is liable for pipes inside the buildings.. Are they going to charge one of their tenants when they use the spigot and it leaked somewhere inside the building? Somehow i doubt that.. but handle it with a little more grace and professionalism. !gotcha!

Did the PM have spigot covers on all the faucets? If not they didnt do what was necessary to protect their indoor pipes, something to add in your report.

No Maybe I flew off the handle at first, but when you get some women calling up accusng you of "breaking her pipes" and won't listen to reason, and than the maintance guy gets on the phone saying he's not going to give me a hand moving the furniture, when I was going to come back and work for free.. Thats it I lost it. :x

 

[everfresh1]

The pipe breaking could be caused by improper installation causing it to freeze or there was a hose hooked to it causing it to freeze.

It was already broken!!

If I cut my brake lines and gave you the keys for my car. Can I sue you for the accident?

Sounds logical to me :mrgreen:

 

[John Olson]

I'm only going to say this once and I am not going to argue. It is 100% your fault and you will pay for it unless you have written authorization to use the spigot and a release/hold harmless waiver signed by the property owner or their agent. There is no debate sorry. Your are not the first and every single person that has done it and did not accept responsibility has lost in court every single one. Call your agent and get it fixed immediately as your insurance most likely will not cover your attorney fees and might not cover the loss if you continue to refuse responsibillity.

Again im not going to argue facts are facts and it is what it is and it is yours. Sucks sorry

 

[everfresh1]

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I'm only going to say this once and I am not going to argue. It is 100% your fault and you will pay for it unless you have written authorization to use the spigot and a release/hold harmless waiver signed by the property owner or their agent. There is no debate sorry. Your are not the first and every single person that has done it and did not accept responsibility has lost in court every single one. Call your agent and get it fixed immediately as your insurance most likely will not cover your attorney fees and might not cover the loss if you continue to refuse responsibillity.

Again im not going to argue facts are facts and it is what it is and it is yours. Sucks sorry

:roll: Thank you counsler..Who needs an attorney.