A water pipe burst a few floors above my unit. Who needs to pay? – Riaan, VIC

Q: A water pipe (for the fire suppression system) burst a few floors above my unit. As the water came down the building, it damaged my floor.

The building manger tells me that they are not responsible for floors and to use my own insurance to have it repaired.

This does not sound right. If my pipe burst I would have to pay, but this is their pipe, surely they should be held financially responsible for it?

A: Generally, damage caused by unreasonable water flows is the responsibility of the party that caused the issue. Please refer to the Water Act for additional information. You would need to determine the owner of the fire suppression system from the plan of sub-division and investigate seeking any damages from them.

If an insurable event caused the flow, consider asking if a claim has been lodged for this issue. You may be able to reference the claim that was lodged and contact the insurer.

You may also want to speak with the Owners Corporation Manager directly or the insurer of the Owners Corporation to seek further direction to resolve the costs for your resultant damage.

Good luck with getting this issue resolved.