› Flat Chat Strata Forum › Living in strata › Water damage and Insurance claim › Current Page
28/08/2017 at 1:18 pm
#28010
@Lady Penelope said:
This article is well worth reading:
It’s a very interesting analysis.
The authors note that s.106(5) uses the words “reasonably foreseeable”:
any reasonably foreseeable loss suffered by the owner
And that’s why they think damages would have been awarded to McElwaine under the 2015 Act.
In my above example of a burst copper water pipe inside a solid wall, I wonder if it would be considered a reasonably foreseeable event?
I can’t see how the OC could have reasonably foreseen it (to prevent it), in which case the OC might not be liable for any damage it caused to lot property.