In what circumstances will a defendant not be liable for damages caused by a leak from a fourth floor cistern?
British Columbia, Canada
The following excerpt is from John Campbell Law Corp. v. Owners, Strata Plan 1350, 2001 BCSC 1342 (CanLII):
In Blake v. Woolf, [1898] 2 Q.B. 426, the cistern of a fourth floor occupant leaked into the premises of the tenant on the ground floor. The court found that the defendant was not liable for damages suffered by the plaintiff because the plaintiff had assented to the water being on the premises, and the defendant had also made an effort to hire a plumber to fix the leak.
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