Success

Introduction

In March 2024, our law firm's team of lawyers secured a significant victory in a compensation case involving a Kyiv apartment owner. This case demonstrates how professional approach and persistence can ensure justice even in the most challenging situations.

The Situation

On January 5, 2021, around 2:40 PM, the owner of an apartment on Hryhoriya Andryushchenko Street in Kyiv discovered that her home had been flooded with sewage. The apartment was filled with a terrible smell, and water with sewage remnants was standing at a level of 2-5 cm in all rooms except the kitchen.

Actions After the Incident

The owner immediately called the central dispatch service of the Shevchenkivskyi district, but the emergency service did not arrive for several hours. Eventually, she turned to a private plumber who, using his own equipment, identified that the blockage occurred 8 meters from the apartment and cleared it. However, no representatives from the municipal services arrived that day or in the days that followed.

Documentation

On January 27, 2021, the owner submitted an application to the building manager to compile an act on the consequences of the apartment flooding. On February 8, 2021, a contractor from the municipal enterprise prepared an act stating that the flooding was due to improper use of the internal apartment engineering networks. The act mentioned that foreign objects were found in the sewer system, causing the blockage.

Legal Proceedings

The plaintiff disagreed with the act's conclusions and filed a lawsuit, claiming that the damage was caused by the municipal services' improper maintenance of the building's engineering networks. The court of first instance denied the claim, ruling that the municipal institution was not responsible for the damage.

Preparing the Appeal

Dmytro Chuguienko, prepared an appeal to the Kyiv Court of Appeal, emphasizing the unfairness of the first-instance court's decision. He also requested that the case be heard with the participation of a representative, which was crucial for ensuring an objective and fair review.

Victory in the Court of Appeal

In March 2024, the Kyiv Court of Appeal fully satisfied the claim, ordering the defendants to pay 78,500 UAH in damages, 3,000 UAH in appraisal costs, and 10,000 UAH in legal fees. This decision was a significant victory for our legal team and a confirmation of the plaintiff's rightful demands.

Executing the Judgment

In May 2024, the court's decision was fully executed with the help of a private executor. All funds were collected from the municipal institution and the contractor, ensuring full compensation for the damage caused to the apartment owner.