Kraavi tn 14: liability for a blockage in shared drainage

The insurer brought a transferred claim concerning a blockage in shared drainage; the association denied breach and pointed to a possible cause inside an apartment.

Insurer AB “Lietuvos draudimas“, acting through its Estonian branch, sought reimbursement from Narva linn, Kraavi tn 14 korteriühistu of 1876 euros paid for apartment damage in flooding on 11 June 2022, plus interest and costs. It attributed the incident to a blockage in shared drainage and inadequate system maintenance. The association objected that pipes were sound and a foreign object or equipment inside an individual apartment, for which the owner was responsible, might have caused the blockage. It cited a later pipe survey and sought reduced compensation if necessary. The insurer replied that no particular object or owner action had been proved and several apartments were flooded. The court found a blockage in the shared sewer pipe itself. Inspection reports, photographs and explanations did not substantiate faulty individual equipment, and water entering through it did not mean the blockage originated there. A survey conducted much later showed pipe condition on another date, not proper inspection and cleaning before the incident. The association did not prove necessary measures or excusability of the breach. After payment, the owner’s claim passed to the applicant. The court found damage, causation and the association’s liability for maintaining common property proved. It refused to reduce compensation: victim contribution and exceptional unfairness of full compensation were not proved. On 3 July 2025, it awarded 1876 euros and 27,66 euros in interest as of 26 January 2023. Although its calculation produced higher interest, it stayed within the amount claimed. Under the operative part, further statutory interest runs from 27 January 2023 until payment. It also awarded 712 euros in costs, comprising 662 euros for legal assistance and a 50 euro fee, with interest on costs from entry into force.

Grant the application: award 1876 euros in damages, 27,66 euros in accrued late-payment interest, further statutory late-payment interest from 27.01.2023, 712 euros in costs and late-payment interest on costs from entry into force.