"Management Accepts No Responsibility" Signs

TeddyRuxpin · 19-02-2014 2:18pm #1

Hi all,

Here's a quick question I've always been curious about but never have a legit reason to ask until now:

I live in an apartment complex where it's secure car park has a sign at the entrance stating "Management accepts no responsibility for property loss or damage caused on these premises". Which is logical enough, but what I want to know is if this still applies if the damage caused was caused by the property itself? I know that signs like these were to absolve property owners from damage caused by other people but I'm not sure if that holds up here.

During the recent storms, a lot of water seeped into the underground car park through cracks in the concrete, picking up calcium along the way and has dripped onto a few cars (the process is know as lime leaching). In the past, it would drip a few tiny drops every so often that were manageable but now it has done some serious damage.

It's also important to note that the residue left of the car cannot be washed off easily; it needs to be delicately removed by soaking solution of vinegar & water over the damage and leaving it for a short while, then carefully lifting it (so the remaining concrete grit doesn't scratch the paint). That was do-able when it was a couple of small drops but now it's damaged the paint big time! And it's over a much larger area.

We reported it in the past, requesting a new space but the company said no and patched over the leak. The patch job didn't last long though and now they are saying that they will consider a permanent fix but that the damaged caused was not their responsibility. Are they correct?

The bloody paint it wrecked on both our cars! Any help or advice would greatly be appreciated. Thanks for taking the time to read this!

Victor · 19-02-2014 3:07pm

It seems the primary purpose of such a notice is to dissuade people.

However, an occupier (likely the management company in this case) can't absolve itself of all responsibilities.

TeddyRuxpin · 19-02-2014 3:14pm

Victor wrote: »

It seems the primary purpose of such a notice is to dissuade people.

However, an occupier (likely the management company in this case) can't absolve itself of all responsibilities.

Hi Victor,

I figured as much. Might be time to seek legal advice!

Thanks.

seamus · 19-02-2014 3:16pm

Victor wrote: »

It seems the primary purpose of such a notice is to dissuade people.

However, an occupier (likely the management company in this case) can't absolve itself of all responsibilities.

This. "Nothing that happens here is our fault" has no legal standing and it's primary purpose is to get people to go away and not try to make claims for theft or someone else hitting their car.

The sign itself doesn't actually make the property owner any more or less liable for what happens on their property.

In the case described, yes in general the owner of a property is not liable for flood damage to someone else's property. But in this specific case where the leak has been previously fixed, there may be some liability. I say may because there's no such thing as a leak-proof leak fix. You would have to show that the fix itself was shoddy rather than simply succumbed to an exceptional weather event.

My advice would be to make the claim with your own insurance company and let them decide if they can chase the management company.

TeddyRuxpin · 19-02-2014 3:33pm

seamus wrote: »

You would have to show that the fix itself was shoddy rather than simply succumbed to an exceptional weather event.

I have some photos back at the apartment but from what I can tell, the previous fix seemed to consist of a black paint-like, sealant painted onto the ceiling. Shortly afterwards, the stalactites started to appear through the paint.

I'd love to leave my insurance company out of this if at all possible as I don't know if something like this would affect my no claims bonus.

eyescreamcone · 19-02-2014 3:35pm

I had the same problem in a an apartment block in Cork about 6 years ago.
The management company paid for the clean up.
No arguments.

TeddyRuxpin · 19-02-2014 3:38pm

eyescreamcone wrote: »

I had the same problem in a an apartment block in Cork about 6 years ago.
The management company paid for the clean up.
No arguments.

This. This makes me happy! :P

eyescreamcone · 19-02-2014 4:08pm

TeddyRuxpin wrote: »

This. This makes me happy! :P

I just asked nicely.

seamus · 19-02-2014 4:22pm

eyescreamcone wrote: »

I just asked nicely.

Indeed, if you're a member of the management company, you're entitled to the details of the block insurance policy and you don't have to go through the management agent. You can just file the claim yourself directly with the insurance company.

They're more likely to fairly (and quickly) judge your request than the management agent.

Victor · 22-02-2014 9:48pm

seamus wrote: »

You can just file the claim yourself directly with the insurance company.

I'm not so certain of this, as the property owner isn't a part to the policy.

"Management Accepts No Responsibility" Signs

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