Appeal court dismissed claim over a sunken floor: link to association’s works unproven

Tartu Ringkonnakohus set aside the judgment in favour of Täisühing Mašuk and refused to award 877,42 euros in damages against the apartment association Puškini 45A.

The company Mašuk linked subsidence of a corridor floor in its non-residential premises to repairs to the strip around the building commissioned by the association. It alleged that a hole had been dug during the works and filled without proper compaction. The company sought 577,42 euros to restore the floor and 300 euros in expert examination costs. The association denied causing damage and pointed to a lack of evidence. On 23 January 2015, the first-instance court awarded 577,42 euros for repairs and 300 euros for the expert examination as costs. It regarded the floor as common property for whose upkeep the association was responsible regardless of the cause of subsidence. The association appealed, challenging that conclusion and the assessment of evidence. The appeal court found that the corridor formed part of the claimant’s premises and was used only by it. The finding that it was common property was not based on circumstances pleaded and discussed. The court saw no grounds to make the association bear the maintenance costs of this part of the premises. The court also found no proven link between the subsidence and the works commissioned by the association. The expert report pointed to defects in alteration of the entrance and corridor themselves: ground compaction, reinforcement, connection to the building and insulation. There was no evidence that the floor had subsided because of the repairs to the surrounding strip. As the act causing damage was unproven, the court did not assess unlawfulness and fault separately. The appeal was allowed: the earlier judgment was set aside and the claim dismissed in full. Costs at both instances were allocated to Mašuk; the association was awarded 460 euros, including 175 euros in state fees and 285 euros in representation costs.

Set aside the Viru Maakohus judgment of 23 January 2015, allow the association’s appeal and dismiss Mašuk’s claim for 877,42 euros. Order Mašuk to pay the association 460 euros in costs.