› Flat Chat Strata Forum › Common Property › Damage to Unit because of common property defect – Insurance Excess › Current Page
Thank you to those who have responded.
On the one hand Chris Kerin has the view that Strata is responsible on a strict liability basis and Easty has the view that there must be negligence before Strata are responsible. Jimmy T backs Chris Kerin but with an argument that does not seem to apply. I think there is a difference between the case of damage to a fixture Strata did not know about and damage caused by common property to contents.
My immediate response (after calling the plumber) was that I should not be out of pocket. Strata had failed to control the water that was under their control and certainly was not under mine. I call it the Tort of Mischief rather than the Tort of Negligence. But I do take Easty’s point that Strata could end up in all sorts of monetary trouble if my Tort of Mischief wins the day. The way round it, I think, would be for Strata to require all owners to have contents insurance with a reasonable excess, and for Strata to be responsible for the excess if damage was caused to contents from common property.
But that is a longer term solution. I’m still stuck with two completely opposite views. Do any of you have a view as to how I should proceed?