Question from a reader:
I own a small building, and recently there was a water leak that caused inconvenience to the residents below. I quickly carried out restoration work, but it seems the residents received insurance money for their damaged belongings. Subsequently, the insurance company has billed me for that insurance payment. Am I legally obligated to pay this? I am
quite confused due to my old age. Can someone please help me?

Considering Water Leak Troubles and Legal Responsibility

Recently, I received an interesting question from someone who owns a small building. They asked, “There was a water leak that caused inconvenience to the residents, and now I am being billed by the insurance company for the insurance payment. Am I obligated to pay?” Let’s consider this issue from a legal perspective.

Causes of Water Leaks and Responsibility

First, it is important to identify the cause of the water leak when it occurs. Various factors could be at play, such as aging pipes or equipment, weather-related impacts, or improper management. What was the cause of the water leak in your building? If the leak was due to deteriorating pipes, then the owner’s responsibility may come into question. Article 709 of the Civil Code stipulates liability for damages based on “tort.” In other words, if an accident occurs under your management that causes damage to others, you have an obligation to compensate for that damage.

Resident’s Damages and Insurance Claims

The fact that the residents received insurance money indicates that they suffered actual damages. It is important to note that just because they received insurance money does not necessarily mean your obligation to pay is eliminated. For example, if the residents received insurance money, the focus would be on whether that amount covers their damages. If the insurance payment covers all the damages, your responsibility may be reduced. However, if there is a shortfall, you may still have liability for that difference.

Legal Perspective Advice

In your case, it is crucial to first confirm the specific damages suffered by the residents. While it has been mentioned that their belongings were damaged and rendered unusable, you need to accurately assess the value of those belongings and the amount covered by the insurance. Next, regarding the claim from the insurance company, this is based on the responsibility you have toward the residents. Generally, the insurance money received by the residents does not exempt you from your liability. This means you still have an obligation to compensate the residents for their damages, and the insurance company may subsequently bill you.

Real Case Study

I would like to share a real case. An owner was managing an old building when a sudden water leak occurred. One of the residents suffered damages to their furniture and appliances, amounting to about 500,000 yen. The resident utilized their insurance and received 300,000 yen. In this case, the owner’s responsibility was established, so a discussion was held with the resident, taking into account the compensation from the insurance and the resident’s actual losses. The owner agreed to pay 200,000 yen. This resolution was fair for both parties and was an important choice for building trust in the future.

Conclusion and Takeaways

Water leak issues can be a headache for owners, but it is essential to understand legal responsibilities and respond appropriately. Acting quickly and sincerely to mitigate the residents’ damages ultimately reduces your own risks. Through this question, I have also been prompted to think deeply about many things. The responsibilities of an owner are significant, but fulfilling them can also help build relationships. As someone learning about the law, I want to deepen my understanding through practical cases like this. If you find yourself in trouble, consulting with a professional is also a viable option. To protect your rights, it is important to have legal knowledge and to respond appropriately.