What arguments and evidence helped the plaintiff win the case for damages caused by the upstairs neighbors flooding the apartment, and what are the typical mistakes made by the parties in similar situations?
Compensation for damage caused by the flooding of an apartment by neighbors from above is a common case in the courts. Success in such a process often depends on well-chosen arguments and convincing evidence. Let's take a closer look at what helped plaintiffs win similar cases and what mistakes should be avoided.
Arguments and evidence to help win the case
1. Act of inspection of damaged property
The inspection report is drawn up by the management company or the emergency service immediately after the incident. The act records the cause of the leak, the condition of the room and the damage caused. Such a document is an important proof of the neighbors' guilt.
2. Photos of damage
The quality of photographs of the interior after the bay is a key element of the evidence base. The photos show the extent of damage to walls, furniture, and finishes.
3. Evaluation examination
A professional damage assessment conducted by an appraisal firm provides an accurate picture of the amount of losses incurred. Experts take into account the market cost of repairing and replacing damaged items.
4. Correspondence materials
Any emails, SMS or instant messengers confirming attempts at a pre-trial settlement of the dispute will be an additional plus for the plaintiff.
5. Witness statements
If the neighbors confirmed the guilt and tried to resolve the problem peacefully, the testimony strengthens the plaintiff's position.
Typical mistakes made by the parties
1. Lack of record of the fact of flooding
Some victims neglect contacting the management company or the emergency service, hoping to negotiate verbally. It will be more difficult to prove your case in court later.
2. Incorrect damage assessment
Self-assessment of damage without the involvement of a professional expert reduces the chances of adequate compensation. Only a qualified specialist will be able to objectively assess the actual losses.
3. Insufficient documentary support
Incomplete submission of documents (inspection report, damage assessment, receipts for repairs) weakens the plaintiff's position in court.
4. Skipping the limitation period
The plaintiff is obliged to apply to the court within a reasonable time after the discovery of the damage. The limitation period for such cases is three years.
Proper preparation of evidence and understanding of the intricacies of judicial practice will help to achieve success in the case of compensation for damage caused by flooding of the apartment.