During a severe days long winter storm, all condo owners were notified by email that precautions should taken to insure that their water pipes do not break. Most were not in residence, or their units were rented out, so they hired someone to oversee that this was done. The owners and renters who took the precautions were fine, no damage was reported. Sam, who neglected to take precautions, had water damage due to broken pipes. His unit was on the second floor and all the water flowed down to the unit on the first floor causing extensive damage. His unit on the second floor also had some damage, but not nearly the damage done to the first floor unit. This storm was all over the news. The insurance adjuster came and surveyed both units, and because of a large deductible and also depreciation, there was not enough money granted by the insurance company to take care of all the damages done to the first floor unit. Not even close.
First question: Who is legally responsible for the damage done to the first floor unit? Sam, the unit owner on the second floor, who caused the damage, now wants part of the money that the insurance paid, even though it was through his negligence, that the water pipes broke.
Second question: Do we have to give him part of the insurance money?
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