Posted by Joe Dumela on March 01, 1997 at 13:36:10:
In Reply to: FLOOD posted by SHERYL on February 27, 1997 at 10:58:47:
: DURING A HURICANE LAST JULY, MY BASEMENT APARTMENT WAS FLOODED WITH A FOOT OF WATER
: I LOST VIRTUALLY EVERYTHING I OWNED..FURNITURE ECT...
: THE SUMP PUMP FAILED TO WORK WHEN THE ELECTRICITY WENT OUT...
: I AM NOW BEING SUED FOR THE DAMAGES THE WATER CAUSED.. AND THE
: LANDLORD IS SAYING I CAUSED THE FLOOD .....
: DO I HAVE ANY RIGHTS?
I would think so. You do know when the hurricane occured and when
the flood happened -- same day, right? Get your facts together
and make your story "water-tight" (sorry). You might consider
counter-suing the owner for failing to provide a suitable
sump pump (you may need to show negligence on his part if he knew
hurricanes happen wherever you are -- did he have adequate preparation?
So consider suing him for the value of your lost possessions.
It's his burden to prove you "caused" the flood. Also, look at your
lease for mentions of "Act of God".
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