Homeowner Liability for Water Infiltration Damage

A party appealed a lower court's decision to hold them liable for property damage caused by water infiltration originating from their premises, arguing that the damage resulted from a defect in the common building structure rather than their individual maintenance obligations. The Court of Cassation rejected the appeal, upholding the finding that the homeowner was responsible under the principle of liability for damage caused by things under one's custody, as the source of the water infiltration was ultimately traced to an apparatus or element within their private control, thus breaking the chain of responsibility solely resting on the co-ownership for general structure defects.