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Cynthia and Steven own a condominium unit in a high-rise building in the Tampa area. After Hurricane Irma, they return to their condo to find
Cynthia and Steven own a condominium unit in a high-rise building in the Tampa area. After Hurricane Irma, they return to their condo to find it partially flooded with water; they expect the cost of repairing the property damage is likely to be about $10,000. They were surprised to find the damage, as they had just recently installed hurricane shutters on their apartment. The damage, however, did not occur through their windows. Instead, it occurred because water entered their apartment from the unit above. The owners of that unit had not installed hurricane shutters, nor had the building required all owners to install them on their units. All of the units were, of course, built according to a building code, but the building was built in 1985 and did not require storm shutters of any kind. Most area buildings do not have shutters on individual apartments. Cynthia and Steven have insurance on their property, but the deductible for hurricane damage is large. The question is simply: who do you think they might recover from, if anyone, and what sort of facts would be relevant in establishing that liability
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