Local business owner in Gomel secures victory in conflict with utility companies
In a landmark ruling, the Gomel Railway District Court in Belarus has ordered the state insurance company, Belgosstrakh, to pay an entrepreneur nearly 8,000 rubles in damages for a sewage flood that occurred at their business premises on July 18, 2024. The flood, which seeped through the capital walls of the premises from the walls of the basements of adjacent entrances, caused significant damage to the entrepreneur's "Sanitary Ware. Lighting" store.
The legal battle, which has spanned over a year, involved the entrepreneur suing state enterprises "Gomelvodokanal", KJREUP "Selmashovske", insurance companies "TASSK" and "Belgosstrakh". Services from "KJREUP Selmashovske" and "Gomelvodokanal" were unable to stop the leak or determine the cause of the emergency situation, and they also could not identify which party's zone of operational responsibility had damaged the sewage equipment.
Initially, the entrepreneur sought to recover the damages from "Gomelvodokanal", but the court later ruled that it should be recovered from "Belgosstrakh". An act was drawn up, naming "Gomelvodokanal" as the culprit, but the enterprise disagreed and refused to compensate the damage caused. The respondent, "Belgosstrakh", filed an appeal against the district court's decision, but the Judicial Board of the Gomel Regional Court dismissed the appeal and left the decision unchanged.
The first floor of the premises houses the trading hall, while the basement contains the pre-sale preparation hall and other rooms. The flood from the sewage water started on June 12, 2024, and the entrepreneur's business premises were flooded a month later.
This legal dispute underscores the potential complexities of dealing with multiple entities in Belarus, including municipal utilities, state-owned enterprises, and insurance companies. It serves as a reminder for entrepreneurs to carefully consider their contracts, insurance policies, and the potential responsibilities of all parties involved in their business operations.
If you are an entrepreneur facing similar issues, it is advisable to seek the help of a legal professional who can provide guidance and assistance in navigating the Belarusian legal system. Additionally, keeping detailed records of all interactions with service providers and maintaining a clear understanding of the terms of contracts and insurance policies can help protect your business in the event of unexpected events such as the one described in this case.
The legal dispute highlights the intricacies of dealing with various entities in Belarus, such as municipal utilities, state-owned enterprises, and insurance companies, particularly in matters related to business and finance. This case underscores the importance of entrepreneurs thoroughly reviewing contractual agreements, insurance policies, and the obligations of all parties involved, to ensure proper handling of potential emergencies and minimize financial losses.
