Bethany R. asked
I live in a brand new apartment. There was a plumbing problem that resulted in sewage backup into my apartment. Acting in an emergency, I used many of my towels, clothes, and rugs to 'dam' (and mop up) the sewage on the floor. My lease has an indemnity clause that the management tells me releases them from any liability for damages, even if it's due to their own negligence. The lease clause seems to suggest that I get renters insurance for such damages. I am disabled living on SSDI, so I did not spend the money for renters-insurance. They want me to wash the damaged items. The CDC recommends immediately discarding items contaminated by sewage backup. My theory is that the indemnity clause will not hold up in court, particularly given that the plumber told me the problem was the result of tampons having been flushed (I am a male and obviously do not use tampons, so it was clearly a neighbor) and then that there were incorrect bolts used in the plumbing that were too large and contributed to the clog. Do you think I can sue for the damages (about $2,000 in clothes, towels, etc.) and challenge the indemnity clause? It does not seem viable that I should be responsible for damages resulting from negligence that I did not contribute to in any way, and that the building service-persons acknowledged was their negligence. Also, I would seek funds for a proper disinfection and cleaning of the apartment. Remnants of the sewage remain (paper I presume is TP) in hard to reach places like behind the fridge and washing machine).
May 3rd, 2023
Matthew J. answered
Your position should be that the indemnity clause does not apply because you acted to mitigate any d...
May 3rd, 2023
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