Definition : Fault - Contributory fault

A fault committed by a victim and which contributed to his or her own injury. For example, a co-owner who dives into a shallow pool despite having been warned not to dive in. In the event that this pool is located in the common portions, the civil liability of the syndicate could be excluded or limited.

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A disaster occurred in the dwelling of a co-owner in the basement because of water infiltration caused by a crack in the concrete wall. Building insurance does not cover this type of loss. The syndicate quickly had the crack repaired. In terms of damage to the interior of the dwelling, some of the damage is to improvements (flooring) and some to basic structures (plaster walls). The co-owner refuses to call on his insurer to separate the costs of the syndicate and co-owner and insists that the syndicate pay for all repairs since he does not want to increase his insurance premiums. Question: Is he entitled to do that? Especially since the dwelling was uninhabited for two years before the co-owner built up that there was a little water on its floor during heavy rains. It seems to me that there is negligence on his part, perhaps there has been infiltration for some time and that it should not be the syndicate's responsibility to pay for all these repair costs.
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