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“Delictual "mess": how not to assess the circumstances in a dispute over compensation for damage caused by flooding” — Tatyana Tereshchenko's blog

It is useful to learn from other people's mistakes and legal disputes. A good illustration of this is the case of the denial of compensation for losses caused by the flooding of the Foundation, sent the armed forces for a new trial (determination of the SC RF No. 46-КГ20-7-K6, 2-572/2019 of October 20, 2020).

The essence and the courts position are interesting

The plaintiff appealed to the defendant with claims for damages, recovery of expenses for the examination, the obligation to repair the water tank.

In support of the claims, the plaintiff indicated that the land plot belonging to him in the garden association is periodically flooded due to the improper condition of the water tank located opposite this site, which led to the destruction of the foundation of the structure belonging to the plaintiff.

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