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Re: Clogged drain pipe - Landlord Forum thread 247900

Re: Clogged drain pipe by Mark on February 11, 2012 @11:50

                              
Careless is not negligent! Proof is what's required to demand payment from tenant.
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Re: Clogged drain pipe by Anonymous on February 11, 2012 @12:33 [ Reply ]
If the drains were working prior to move in then it seems to me it is the tenants responsibility if they become clogged. If the drains become clogged it is negligence.
    Re: Clogged drain pipe by Mark on February 11, 2012 @14:11 [ Reply ]
    You do not understand the meaning of "negligence". Negligence is a 'legal cause' of damage if it directly and in natural and continuous sequence produces or contributes substantially to producing such damage, so it can reasonably be said that if not for the negligence, the loss, injury or damage would not have occurred. In making a claim for damages based on an allegation of another's negligence, the injured party (plaintiff) must prove: a) that the party alleged to be negligent had a duty to the injured party-specifically to the one injured or to the general public, b) that the defendant's action (or failure to act) was negligent-not what a reasonably prudent person would have done, c) that the damages were caused ("proximately caused") by the negligence. An added factor in the formula for determining negligence is whether the damages were "reasonably foreseeable" at the time of the alleged carelessness. How would one prove the tenant caused the drain problem without evidence from a reliable source ( a Plumber ), or disprove that the problem existed before and has not gotten worse over time. There is no way one can guarantee that there was no existing problem with the drain. Fixing the drain and explaining to the tenant the problem would go a long way toward tenant retention and a smooth relationship. Too bad this landlord does not realize a few dollars now would save a lot more money latter on.
      Re: Clogged drain pipe by Anonymous on February 11, 2012 @17:03 [ Reply ]
      You're ignoring the "res ipsa" cause -- if the plumbing was working prior to tenant's use, the logical assumption is that tenant's use or misuse caused the clog/problem.

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