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City sewer line collapsed, had $25K in damage, Texas law prevents city liability

Posted on 5/5/22 at 8:25 pm
Posted by Ramblin Wreck
Member since Aug 2011
3898 posts
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?
Posted by CamdenTiger
Member since Aug 2009
62439 posts
Posted on 5/5/22 at 8:26 pm to
Ain’t that some shite
Posted by jclem11
Neoliberal Shill
Member since Nov 2011
7784 posts
Posted on 5/5/22 at 8:28 pm to
That is some convenient language in the City's insurance policy...
Posted by Tyga Woods
South Central Jupiter Island, FL
Member since Sep 2016
30085 posts
Posted on 5/5/22 at 8:28 pm to
Sounds like a shitty situation.
Call my boy

Posted by Ramblin Wreck
Member since Aug 2011
3898 posts
Posted on 5/5/22 at 8:28 pm to
quote:

Ain’t that some shite


Congrats on being the first to provide the expected OT response.
Posted by McCaigBro69
TigerDroppings Premium Member
Member since Oct 2014
45086 posts
Posted on 5/5/22 at 8:29 pm to
If that’s true then that’s some bullshite. I hate the government more and more every day.
Posted by Lonnie Utah
Utah!
Member since Jul 2012
23965 posts
Posted on 5/5/22 at 8:30 pm to
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
This post was edited on 5/5/22 at 8:39 pm
Posted by Purple Spoon
Hoth
Member since Feb 2005
17824 posts
Posted on 5/5/22 at 8:30 pm to
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.
Posted by Obtuse1
Westside Bodymore Yo
Member since Sep 2016
25639 posts
Posted on 5/5/22 at 8:31 pm to
Welcome to the legal concept called sovereign immunity.
Posted by LegendInMyMind
Member since Apr 2019
54093 posts
Posted on 5/5/22 at 8:35 pm to
Posted by Ramblin Wreck
Member since Aug 2011
3898 posts
Posted on 5/5/22 at 8:38 pm to
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 by Jon Ham
Member since Jun 2011
28588 posts
Posted on 5/5/22 at 8:40 pm to
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 by OldHickory
New Orleans
Member since Apr 2012
10602 posts
Posted on 5/5/22 at 8:40 pm to
Only solution is to build a killdozer and head towards city hall.
Posted by Jon Ham
Member since Jun 2011
28588 posts
Posted on 5/5/22 at 8:42 pm to
If chicken lets you setup a go fund me, I’d contribute $20. Just saying.
Posted by Cracker
in a box
Member since Nov 2009
17708 posts
Posted on 5/5/22 at 8:44 pm to
Reason 2462 Texas sucks not because they have no public hunting it’s just sucks in general
Posted by Weekend Warrior79
Member since Aug 2014
16387 posts
Posted on 5/5/22 at 8:45 pm to

I would fire him on the spot if he doesn’t show up to court like that
Posted by Ramblin Wreck
Member since Aug 2011
3898 posts
Posted on 5/5/22 at 8:46 pm to
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 by Gravitiger
Member since Jun 2011
10418 posts
Posted on 5/5/22 at 8:46 pm to
sovereign immunity
Posted by Athanatos
Baton Rouge
Member since Sep 2010
8141 posts
Posted on 5/5/22 at 8:50 pm to
Yeah, but your taxes are lower because the city doesn’t have to pay claims. There is still reason to rejoice!
Posted by Jim Rockford
Member since May 2011
98188 posts
Posted on 5/5/22 at 8:52 pm to
Take a hike with your frivolous lawsuit

tOT, probably
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