Are we responsible for water damage not reported to us?
Full Question:
Answer:
Water damage mitigation is something that must be dealt with quickly and effectively. Most home insurance policies not only cover the cost of water damage mitigation, but also require the policyholder to take the necessary steps to prevent secondary damages. If the insurer inspected the damage, they may not have taken proper measures to repair the damage. The EPA says, "Stop the water leak quickly and begin restoration during the first 24 hours. It is important to dry water damaged areas and items within 24-48 hours to prevent mold growth".
Any person who claims damages as a result of an alleged wrongful act on the part of another has a duty under the law to "mitigate" those damages, which means a person needs to take advantage of any reasonable opportunity that may have existed under the circumstances to reduce or minimize the loss or damage. If a jury finds from a preponderance of the evidence that the Plaintiff [within the limitations of any damage sustained] failed to seek out or take advantage of a repair opportunity that was reasonably available under all the circumstances shown by the evidence, then the jury should reduce the amount of the Plaintiff's damages by the amount that could have been reasonably expected if the Plaintiff had taken advantage of such opportunity.
Please see the information at the following links:
http://definitions.uslegal.com/m/mitigation-of-damages/
http://definitions.uslegal.com/m/mitigation/
http://rmtd.mt.gov/aboutus/files/water_damage.pdf
http://www.epa.gov/mold/moldcourse/chapter4/
http://definitions.uslegal.com/c/contributory-negligence/
http://lawdigest.uslegal.com/real-estate-laws/landlord-tenant-rights/
http://lawdigest.uslegal.com/real-estate-laws/leases-and-rental-agreements/
Please see the form at the following link:
http://www.uslegalforms.com/us/US-00965BG.htm
