Water damage from a neighbouring apartment: proving liability

A wet ceiling proves damage, but does not automatically identify the person responsible. A compensation claim requires examination of the source, causation, amount and applicable basis of liability.

The cause determines the defendant

Water may come from a private installation, a common pipe, a contractor’s work or an occupant’s conduct. Articles 45, 49 and 50 of the Obligations and Contracts Act establish different grounds, including damage caused by things and by entrusted work. Do not automatically select the upstairs owner as the sole defendant without technical investigation.

Evidence before restoration

Photograph the damage and record dates, notify those involved and arrange an inspection. The report should distinguish observations from the suspected source. If repairs may erase the evidence, court preservation of evidence may be appropriate.

Calculating the loss

Recovery concerns the direct consequences of the leak, rather than unrelated refurbishment. Quotations, invoices and expert valuation help separate necessary restoration from desired improvements. Contributory conduct may reduce compensation.

If insured, notify the insurer under the policy and retain its inspection records. Coordinate insurance proceeds and the claim against the responsible party so that the same compensated loss is not recovered twice. Stopping the leak remains separate from payment for damage already caused.