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Who is responsible for a leak that burst all over a house?


Who is responsible for a leak that burst all over a house? a plumber repiped the house a few years ago, and put plumbing pipes against the trusses instead of between the trusses which is where they belong. when we reroofed the house a nail went into the pipe and started the leak. House had been remodeled and the last detail was to put the new roof on. When roofer was shingling one of his nails hit the pipe that was under the plywood. No one was aware that there would be a pipe there. No one was living in the home at the time and noone was aware it happened till the home owner went over to check on things. Who do we put expect to be responsible?

1 reply

Aug 27, 2018
I'm sorry to hear about the damage to the property. This appears to be a situation in which a bunch of things all added up to an unfortunate situation.

The question of who is ultimately responsible for the leak is a question that needs more information. This will be examined through a general negligence determination - i.e. whether there was a duty that was breached, and that the breach caused damages. In Arizona, causation is generally a question of fact for a jury to resolve.

It's likely that if a lawsuit was filed to recover in the situation above, there would be some evidence required and a discussion revolving around whether the the plumber re-piped the house incorrectly and that led to the eventual leak; whether the roofer did not exercise sufficient care in putting on the roof (or not noticing the leak); some combination of the two; or something else.

If the contract with the plumber specifically called for a certain installation that was not followed/provided, there may be additional causes of action available against the plumber for a breach of the contract, as well as for negligence/tort.

It is probably a good idea to enlist the assistance of a local attorney who can examine the situation, contracts, the damages, etc. in full, and provide help with a lawsuit to recover.
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