QUESTION
Should the city utilities board be liable for the damage to my property? How?
Asked on Aug 24th, 2015 on Litigation - Alabama
More details to this question:
During a storm, lightning struck the city's pumps and they stopped working. Our house is down from the pumps in a dip, so all of the sewage going to those pumps drained towards our house. The pressure caused the pipe from our pump to come off, letting all the sewage drain into our pump. Although are pump continued to work, it was too much for it to handle. All of the sewage started coming up out of our basement toilet and shower. By the time it was stopped, there was about 3 inches of raw sewage standing in our basement. The city is saying that we have private sewage, so they are not liable for it. I understand that we have private sewage, but they allow us to have a line into theirs and charge us for sewage every month. Also, the only reason it happened is because their pumps stopped working. Everything on my property was in perfect working order, but couldn't handle the additional sewage draining down because of the malfunction of the city's pumps. Turns out we also do not have sewage backup coverage on our homeowners insurance. It is a separate rider that was never added to our policy.
4 ANSWERS
Bankruptcy Attorney serving Madison, WI
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Richard B. Jacobson & Associates, LLC
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Did the city have a duty to keep its pumping and sewage. System in working order to protect people like you? I would guess it does. BUT suing a government, or just making a claim against one, is highly regulated, and the claim must be fed and served Lahore soon after the. Negligence is discovered. Consult a personal injury lawyer VERY soon. will not be valid. If you'd like to unsubscribe and stop receiving these emails click here.
Answered on Aug 24th, 2015 at 8:36 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Have the situation reviewed by an attorney but prepare to be disappointed, and buy the sewage backup rider.
Answered on Aug 24th, 2015 at 5:59 PM
Ronald A. Steinberg
Was the city supposed to redirect the lightning? Perhaps we need to bring God into the lawsuit. All kidding aside. You have no case against the city, for several reasons; first, because this was an "act of God," and the other because the city is protected from suit by the doctrine of governmental immunity.
Answered on Aug 24th, 2015 at 5:58 PM
James Eugene Hasser
The City could possibly be liable, but so could other parties too; for instance, your hook up should have had a back flow valve. It sounds like it didn't. Whoever hooked it up without the valve could be liable too. Consider consulting an experienced Plaintiff's lawyer familiar with cases against builders and municipalities. Good luck.
Answered on Aug 24th, 2015 at 2:28 PM