#66699
Austman
Flatchatter

    Flooding will be a trespass or a nuisance and they do not require proof of negligence.

    On that point, there’s a lot of even online published legal opinion about strata water leaks, liability and negligence.

    Basically to be liable, the event has to be foreseeable.   It’s not an absolute liability:

    Who’s to blame for damage caused by a domestic water leak?

    Although that’s for VIC, the same principles apply nationwide.

    There are also state Water Acts that can apply but again a test of reasonableness of prediction will be needed.

    These are the same kinds of tests needed to establish negligence.

    How could a reasonable person foresee a burst pipe or fitting?   Maybe they could have.   But that’s what you have to establish.