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Panevėžys Regional Court has ruled that the company responsible for managing the apartment building, having failed to ensure proper maintenance, is liable for the damage caused to a Kaunas resident's car by an ice chunk that slid off the building's roof.

The incident occurred in February 2021 in Kaunas. The falling ice chunk damaged the car parked near the building. The car owner had voluntary casco insurance, so the insurance company paid the compensation for the damages.

Subsequently, the insurance company filed a lawsuit, demanding that the property management company reimburse the amount paid to the car owner.

The insurers argued that the company providing maintenance, operation, and utility services was responsible for the improper maintenance of the apartment building and the resulting consequences, and therefore, as the party at fault, must compensate for the damage.

The court of first instance granted the insurance company's claim, awarding it nearly €3,000 insurance disbursement from the property management company, along with 5 per cent annual interest from the date the lawsuit was filed.

Dissatisfied with the decision, the property management company appealed the court's ruling, requesting that the claim be dismissed or the amount of damages awarded be reduced.

In the appeal, the property management company argued that the amount of damage to the car was determined incorrectly, and that depreciation of the car parts was applied inappropriately.

Moreover, the company claimed that it could not be held liable for the damage because the car owner had contributed to the damage by their unlawful actions, having parked the car in a private, gated courtyard without authorization, in violation of the courtyard usage rules.

However, the Panevėžys Regional Court, after examining the case on appeal, noted that, contrary to the claims in the appeal, the amount of damage was reasonably determined by calculating the average repair cost of the car based on three submitted estimates and an appraisal report from an independent expert bureau, and is therefore fully objective and most accurately reflects market prices.

Furthermore, as noted by the panel of judges, these estimates show that deductions were made from the repair cost for the condition of the components and car parts, meaning that depreciation was applied to the parts.

The court also noted that the car owner did not commit any unlawful actions, as they were allowed into the apartment building courtyard by their son, who rented an apartment in that building. The courtyard has an automatic gate and a "Private Property" sign. Thus, the aggrieved Kaunas resident could not enter the courtyard arbitrarily, and the apartment owners have not agreed to prohibit other people from entering the courtyard.

Since the court did not find any unlawful actions on the part of the car owner, it dismissed the property management company's request to reduce the amount of damages awarded or to release the company from civil liability.

The ruling of the Panevėžys Regional Court enters into force immediately but is subject to appealed to the Lithuanian Supreme Court within 3 months.

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