Case Notes in
Negligence
Category
- Access
- Alterations
- Appeals
- Arbitration
- Assessment
- Attorney Fees
- Attorney-Client
- Authority to Sue
- Balcony/Terrace Rights
- Bike Lane
- Board of Directors
- Books and Records
- Breach of Lease
- Business Judgment Rule
- Bylaws
- Bylaws/House Rules
- Certificate of Occupancy
- Charges/Fees
- Commercial Unit
- Common Element
- Common Elements
- Companion Animal
- Constitutionality
- Construction Defects
- Contracts
- Conversion
- Defamation
- Discovery
- Discrimination
- Due Diligence
- Easement
- Elections
- Estate
- Eviction
- Eviction/Termination
- Fiduciary Duty
- Fines
- Foreclosure
- Fraud
- Governance
- Gym
- House Rules
- Indemnification
- Indemnification/Subrogation
- Injunction
- Insurance
- Labor Law
- Liability of Directors
- Licenses
- Liens
- Maintenance
- Malpractice
- Management
- Mechanic's Lien
- Misrepresentations
- Motion Practice
- Motion Practive
- Negligence
- Notice of Pendency
- Nuisance
- Occupancy Agreement
- Ownership
- Parking
- Partnership
- Personal Injury
- Pets
- Property Damage
- Proprietary Lease
- Reasonableness
- Receivership
- Release
- Repairs
- Representations
- Sales
- Service of Process
- Sponsor
- Statute of Limitations
- Stock/Shares
- Stocks/Shares
- Sublets
- Succession Rights
- Tax
- Third-Party Liability
- Transfers
- Trespassing
- Trial Practice
- Violations
- Warranty of Habitability
- Yellowstone Injunction
- Zoning
First published: Jul 2024
Damned If You Do, Damned If You Don’tTAKEAWAY This is one of the very rare occasions where the board of a condominium had seemingly done everything right. Even so, they were sued. The board learned of a leak in a water main and fixed it within 10 days. In light of the fact that the board would have to meet, decide which plumber to hire, decide which of two repairs options the engineering firm presented, the 10 days seems reasonable. However, the one action the board did not take was the fatal one, and this resulted in the court rejecting the board’s request for a dismissal of the negligence claim. The court determined that the board’s failure to turn off the water (resulting in continued flooding onto the neighbor’s property) may have indeed been negligence. A more careful analysis of the entire situation, and how it would affect the adjacent property, might have saved the board and the condominium from a potentially costly claim of negligence.
Read full article