Flooding Toilet Caused Water Damage

Two tenants sued landlord for damages after a pipe connected to the toilet in an upstairs apartment became detached. A large amount of water gushed into their two apartments directly below the leak. Both tenants suffered damaged furniture, clothing, and carpeting before landlord shut the water off and fixed the pipe. Landlord claimed it wasn't responsible. One tenant's lease stated that landlord wasn't liable for any damages to property resulting from falling water unless caused by or due to landlord's negligence. Landlord also claimed it was an act of God. The court ruled against landlord. This was a breach of the warranty of habitability, and landlord was strictly liable. Each tenant was awarded the costs of replacing or repairing damaged ceilings, carpets, bedding, and clothing. The court also gave each tenant $400 for their discomfort and the disruption to their lives.

Spatz v. Axelrod Management Co.: NYLJ, p. 32, col. 1 (7/12/95) (City Ct. Yonkers; Dickerson, J)