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Joala 11 Narva: partial compensation for damage caused during firefighting

Viru Maakohus · First instance

Damage and insuranceFireCause and proof of damageAmount of compensationRepairs and shared propertyRoof and attic

Joala 11 Narva: partial compensation for damage caused during firefighting

Judgment · Viru Maakohus · First instance

Korteriühistu Joala 11 Narva · If P&C Insurance AS · 80189885 · 10100168

Entry into force has not been reverified

Participants and roles: Claimant — owner XX; Defendant — Korteriühistu Joala 11 Narva; Third party on the defendant’s side — If P&C Insurance AS

How it started · editorial summary

The court found the association liable for damage during firefighting but accepted only part of the loss claimed.

The dispute and the court’s decision

The court partly granted owner XX’s claim against the apartment association Joala 11 Narva and awarded 2 647,72 euros for apartment damage during firefighting. Owner XX sought compensation from Korteriühistu Joala 11 Narva for water damage during extinguishing an attic fire on 15 January 2014. The final claim was 18 186,32 euros. The association disputed liability and the amount of loss. Insurer If P&C Insurance AS participated on its side as a third party without an independent claim. After the appeal court set aside an earlier dismissal, the county court reconsidered the case. It found the association the proper defendant: maintaining common property and ensuring safety were its duties. From witness testimony and Rescue Board materials, it concluded that one attic entrance had been unlocked. In the court’s view, this allowed outsiders in and led to the fire during whose extinguishing the apartment was damaged. However, the claimant did not prove the entire amount sought. The assessments submitted were made more than a year after the fire and could not reliably separate firefighting damage from earlier defects. The court preferred inspection materials prepared soon after the event and the corresponding restoration estimate. The claim was partly granted, with 2 647,72 euros awarded against the association. Each participant bears its own court costs. The court applied the law in force when the damage arose. Use of the decision in a new dispute should take account of subsequent legislative changes and the specific circumstances.

Outcome of this decision

Partly grant the claim: award XX 2 647,72 euros against Korteriühistu Joala 11 Narva. Each participant bears its own court costs.
Translation of an anonymised, abridged excerpt from Estonian
3. The parties shall bear their own procedural costs in full.