What if the building you manage causes damage to third parties?
In the wake of Storm Kristin, many condominium administrators were left with the same question: who pays for damage caused by a building to cars or other buildings during a storm?
Is there civil liability in these cases?
In most situations, there is no civil liability on the part of the condominium or the owners when the damage results from force majeure, such as storms, strong winds, or floods.
This is because the damage is not the result of negligence, omission, or proven lack of maintenance, but rather of an exceptional and unavoidable natural phenomenon.
Damage caused by storms is considered force majeure
When a storm causes parts of a building to fall or be blown off, damage caused to third parties may be considered a case of force majeure.
Some common examples include:
- Roof tiles blown off by the wind
- Broken glass or glass projected outside
- Elements of the façade coming loose
- Damage to parked cars
- Damage to neighboring buildings
In such cases, the owners and the condominium are not, as a rule, obliged to compensate third parties, provided that the damage results exclusively from the weather event.
Who pays for damage caused to third parties?
When there is no civil liability on the part of the building or condominium, losses must be reported through the insurance policies of the injured parties themselves.
Depending on the situation, policies such as the following may be activated:
- Car insurance, in the event of damage to vehicles
- Multi-risk home insurance
- Multi-risk condominium insurance
- Other applicable coverage for natural phenomena
In other words, in situations caused by storms, each injured party must resort to their own insurance to repair the damage suffered.
What should condominium administrators do?
When faced with an event of this type, it is important that condominium administrators:
- Record the damage to the building and surrounding areas.
- Document the situation with photographs and videos.
- Report the claim the condominium's insurance company, whenever applicable.
- Clarify the situation to the co-owners and third parties who have been harmed.
A quick and well-informed response helps avoid conflicts and correctly route each process.
Rui Silva explained this topic on CNN Portugal.
This issue has raised many questions among condominium administrators,
especially after extreme weather events.
That is why Rui Silva appeared on CNN Portugal to explain how
liability works in these situations and what should be done when a building
causes damage to third parties during a storm.