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Started By
Message
City sewer line collapsed, had $25K in damage, Texas law prevents city liability
Posted on 5/5/22 at 8:25 pm
Posted on 5/5/22 at 8:25 pm
I own an office building that I rent in a small Texas town. Recently I received a call from the renter that raw sewage was backing up onto the floor from the toilets. My contractor attempted to unplug the line, but after no success, ran a camera down the line and determined it was the city's main line that had collapsed. The city was called and confirmed it was their issue. I had to have flooring replaced, sheet rock cut, office furniture disassembled, moved and reassembled after the repairs, cleaning, loss of usage rent reduction, etc. At the end of the day, I had $25,000 in expenses and lost rent. The city provided me with a claim number to their insurance company, so I wasn't too worried. However, the insurance company called me back and told me that Texas state law protects city municipalities from liability from damages resulting from sewer lines backing up unless it is caused by a negligent city employee improperly using a motor vehicle. My own insurance company doesn't cover damage from this either.
I'm sure the answer is no, but has anyone had experience trying to get reimbursement for anything similar?
I'm sure the answer is no, but has anyone had experience trying to get reimbursement for anything similar?
Posted on 5/5/22 at 8:28 pm to Ramblin Wreck
That is some convenient language in the City's insurance policy...
Posted on 5/5/22 at 8:28 pm to Ramblin Wreck
Sounds like a shitty situation.
Call my boy
Call my boy
Posted on 5/5/22 at 8:28 pm to CamdenTiger
quote:
Ain’t that some shite
Congrats on being the first to provide the expected OT response.
Posted on 5/5/22 at 8:29 pm to Tyga Woods
If that’s true then that’s some bullshite. I hate the government more and more every day.
Posted on 5/5/22 at 8:30 pm to Ramblin Wreck
The sewer plant has an EPA permit to discharge their wastewater. Call the sewer plant and find out who regulates them. Then call those folks and report a sanitary sewer overflow and tell them you had property damage.
Read this link.
LINK
Read this link.
LINK
This post was edited on 5/5/22 at 8:39 pm
Posted on 5/5/22 at 8:30 pm to Ramblin Wreck
Have had this situation a couple times but the damage was never bad enough to warrant insurance claims.
25k might be worth a sit down with an attorney.
25k might be worth a sit down with an attorney.
Posted on 5/5/22 at 8:31 pm to Ramblin Wreck
Welcome to the legal concept called sovereign immunity.
Posted on 5/5/22 at 8:35 pm to Ramblin Wreck
The law is fricky sometimes:
Why a Jeep owner is sued after dealership employee was killed during oil change
Why a Jeep owner is sued after dealership employee was killed during oil change
Posted on 5/5/22 at 8:38 pm to jclem11
quote:
That is some convenient language in the City's insurance policy.
Per the city's insurance company, which is basically a co-op set up to cover all municipalities in Texas, they aren't allowed to pay for damages since the Texas law exist. They told me the law was designed to protect the citizens, since they are the ones that ultimately fund the insurance payments the city makes.
This post was edited on 5/5/22 at 8:40 pm
Posted on 5/5/22 at 8:40 pm to jclem11
quote:
That is some convenient language in the City's insurance policy...
It’s not policy language, it’s the law that’s protecting the city and its insurance carrier from liability.
The answer here is that everyone needs to make sure their own insurance covers this risk. I don’t think it’s a standard covered loss and therefore you probably need to purchase an endorsement for this coverage. The endorsement is probably cheap because the chance you ever will need it is small and the potential damages are relatively not that big, but boy would it be nice to have that coverage in the random chance this happens to you.
Sorry, OP. Just think of it as you “self-insured” for this type of loss and got unlucky.
This post was edited on 5/5/22 at 8:41 pm
Posted on 5/5/22 at 8:40 pm to Ramblin Wreck
Only solution is to build a killdozer and head towards city hall.
Posted on 5/5/22 at 8:42 pm to Ramblin Wreck
If chicken lets you setup a go fund me, I’d contribute $20. Just saying.
Posted on 5/5/22 at 8:44 pm to Ramblin Wreck
Reason 2462 Texas sucks not because they have no public hunting it’s just sucks in general
Posted on 5/5/22 at 8:45 pm to Tyga Woods
I would fire him on the spot if he doesn’t show up to court like that
Posted on 5/5/22 at 8:46 pm to Lonnie Utah
quote:
Read this link.
That is at least something. It may not get me anything, but may can demonstrate some type of lack of proper operation if they didn't make a notification, which I'm sure they didn't. Thanks
Posted on 5/5/22 at 8:50 pm to Ramblin Wreck
Yeah, but your taxes are lower because the city doesn’t have to pay claims. There is still reason to rejoice!
Posted on 5/5/22 at 8:52 pm to Ramblin Wreck
Take a hike with your frivolous lawsuit
tOT, probably
tOT, probably
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