My upstairs neighbor had a flood and all the paint is peeling off my ceiling. The guy doesn’t have insurance and doesn’t look like he’s going to fix it. The community is also not responsible, how can I claim these damages?
Article 1902 of the Civil Code, which regulates losses between persons not in contractual relationship with each otherstates that: “Anyone, by his act or omission, causes damage to another person, intervening in fault or negligence, is obliged to compensate for the damage caused.”
Anyone has the right to claim compensation for all damages, even if you have to leave the house during repairs or for health reasons. If you have insurance, legal aid may be covered so that it is your company that bears these costs of the procedure, if not, look for a lawyer you trust. You may need to draw up an expert opinion proving the origin and nature of the damage.
The most important thing is to know that claim period is one year. Since this is a statute of limitations, send a bureaufax with a claim to interrupt the statute of limitations if the time has expired. Do not repair without first allowing someone above to do it by their own means.
*Answer prepared by law firm Echeandia & Alevito: www.echeandia-alevito.com
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