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-   -   very unhappy h/o because of DIY neighbor (http://www.diychatroom.com/f39/very-unhappy-h-o-because-diy-neighbor-76146/)

Blossom 07-14-2010 11:25 AM

very unhappy h/o because of DIY neighbor
 
:(My neighbor is one of these people who refuses to pay a professional and usually gets a poor job which should be redone. Her thriftiness doesn't bother me, it's not my home, but this time I am up in arms.
She has had her water off for a full year. No one has been in the home. We share a common wall, five town homes.
I just had floating hardwood floors PROFESSIONALLY Installed and, before I did, I hired a plumber to check all of my pipes, drains and connections. The new floors were the result of a flood and I didn't want that to happen again.
My floors are 2 wks old and Sunday I walked in and the floating floors were floating alright; my entire downstairs was flooded...again. There wasn't enough water to drown myself or I would have.
Her ins co has informed me that I pay due to the common wall unless I can prove negligence.
OK, a year ago she turned the water off at the meter..against the law here. Then, a guy comes his weekend,turns it on with some tool, turns the outside hose on, gets water, goes to the beach. While he is sunning I am slopping water from her home,came through the walls! Is there a proper way to turn the water back on? I heard them saying seals dried up and failed in the tub....I could be wrong.
What I am asking is....is she negligent? I mean plumbing wise. I have to pay another $1500.00 ded and it isn't even my fault.
Thx for advice.....I am......mad as a wet hen!

nap 07-14-2010 11:33 AM

who was the guy? Is he somehow connected to the owner? Was he there by the owners consent and did he turn on the water with the owners consent?

Unless the owner had knowledge and likely consented to the actions of "the guy" she is likely not going to be seen as negligent. Now, they guy that turned the water on might be but depending on all of the facts, that may or may not be able to be extended to include the owner in the negligent act.

Do you have insurance? Have you contacted them? That is often a good source of actions available to you. If you can have your insurance pay for the repair and subrogate the claim, it might be your best avenue.

LateralConcepts 07-14-2010 11:34 AM

Sounds to me like it's time to call an attorney. Why have you been speaking with her insurance company? YOUR insurance company should be involved.

Blossom 07-14-2010 11:43 AM

flood
 
Her insurance company IS my insurance company, lol Either way, they pay but I am stuck with the deductible, and a claim aganst me, unless she is proven to be negligent. Thanks for the reply. Hope I don't have to go to court. B

LateralConcepts 07-14-2010 11:53 AM

Quote:

Originally Posted by Blossom (Post 469367)
Her insurance company IS my insurance company, lol Either way, they pay but I am stuck with the deductible, and a claim aganst me, unless she is proven to be negligent. Thanks for the reply. Hope I don't have to go to court. B

If it's just for a deductible, that would be small claims. Simple and cheap to file at your local court house. You go, she doesn't show up, and you win. Probably still won't see the money for quite some time.

Blossom 07-14-2010 12:16 PM

flood
 
The guy was the owners cousin staying at her home for a week and she told him to turn on the water. He was just a guest. What I wanted to determine is this.....are there procedures for turning water back on? Should they have opened faucets? Yes, I am grasping at straws. B

Blossom 07-14-2010 12:17 PM

and thanks to all. B

nap 07-14-2010 12:23 PM

Quote:

Originally Posted by Blossom (Post 469378)
The guy was the owners cousin staying at her home for a week and she told him to turn on the water. He was just a guest. What I wanted to determine is this.....are there procedures for turning water back on? Should they have opened faucets? Yes, I am grasping at straws. B

so, it was not only with tacit permission but express permission.That binds her tightly to the action.

procedures for turning water back on? Sure, spin the shut off valve>

sorry, couldn't resist.

There are no real procedures, especially if there was nothing wrong with the system when you turned it off. A reasonable person (in my mind anyway) would check to see if anybody had left a faucet on though and then turn them off, especially if they are not the party that turned the water off.

I would consider the failure to investigate at least that fact as negligence. In such a cursory investigation, if the water flow would have been discovered, then I would think you can link their negligent actions to the eventual damage you experienced.

The problem; it may cost you more to fight this than you gain.

Blossom 07-14-2010 12:30 PM

flood
 
This is VERY cool.....guys who can fix things in addition to being intelligent! I honestly thought pipes had to be drained, etc. You make a good point, got to know when to fold 'em. Thanks guys. B

LateralConcepts 07-14-2010 12:36 PM

So curious, is there still water running or did the "guy" shut the water back off at the street when he left?

A dry trap will only cause sewer smells to come up in the house. Will not cause a flood.

Flooding would be caused by either a burst pipe or a drain that's blocked with a faucet that has been left running.

nap 07-14-2010 12:59 PM

Quote:

Originally Posted by LateralConcepts (Post 469387)
So curious, is there still water running or did the "guy" shut the water back off at the street when he left?
g.

Oh, what a terrible thought. I surely hope the water has since been turned off.

nap 07-14-2010 01:04 PM

Quote:

Originally Posted by Blossom (Post 469384)
This is VERY cool.....guys who can fix things in addition to being intelligent! I honestly thought pipes had to be drained, etc. You make a good point, got to know when to fold 'em. Thanks guys. B

If you are in an area that freezes, you would drain the pipes to prevent freezing and subsequent rupturing of the pipes. If you are in an area that freezes, then yes, the pipes should have been drained. The entire structure should be winterized which would include either draining the pipes or allowing the water in the pipes adequate room to expand without damaging the pipes as well as things like draining toilet tanks and adding anti-freeze to the water left in the trap. You wouldn't want to remove the water in the bowl since it provides a seal to prevent sewer gasses from flowing into the house. Sewer gas can be deadly if the concentration is high enough.

If the home is not winterized and that caused damage that allowed water to ruin your floor when the guy turned the water on, then again, this would be a negligent action and as such, puts the liability on the neighbor.

Blossom 07-14-2010 01:05 PM

Actually, 'the guy' attempted to turn the water back on before the plumber arrived. ?? I had him turn off the water, called my plumber for her as this guy was just a guest; had no clue. He's still here, problem is fixed, water is on and he's at the beach. She won't tell me what was wrong. She forgets.....he is MY plumber....I'll ask him. I'm just hoping they did something really dumb. Thanks guys, for the advice. I just hate water/sewer problems!

Blossom 07-14-2010 01:12 PM

good thought. We had a few bad freezes this year; unusual for Myrtle Beach, but, it happened. Now I really have to call my plumber. Thanks, B


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