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Started By
Message
So a water main breaks and floods your house. Should city be responsible?
Posted on 2/24/16 at 7:00 am
Posted on 2/24/16 at 7:00 am
Well in the progressive paradise of Boulder Colorado the city says they aren't responsible.
LINK
quote:
“The evaluation the city performed with that determination was that the city is not liable for the damages that were caused by the water main break,” Irwin said.
LINK
8
Posted on 2/24/16 at 7:05 am to Cosmo
quote:
Should city be responsible?
yes
Posted on 2/24/16 at 7:07 am to Cosmo
if a tree falls from my yard and crushes my neighbors house, does he have to pay for it? I mean, trees get old and fall all the time...
Posted on 2/24/16 at 7:08 am to IT_Dawg
There is actually quite a bit of case law on that. From what I remember, if the tree can be documented to be old/dying/terrible, yes you are responsible. If it was just an "act of god", no you aren't.
Someone correct me if I'm wrong.
Someone correct me if I'm wrong.
Posted on 2/24/16 at 7:10 am to IT_Dawg
Not the same thing
Posted on 2/24/16 at 7:10 am to Jcorye1
A tree falling on your house would be covered by homeowners insurance even if neighbor didnt cover it.
These people had no flood insurance, they didnt need it.
These people had no flood insurance, they didnt need it.
Posted on 2/24/16 at 7:14 am to Cosmo
quote:
These people had no flood insurance, they didnt need it.
Sounds like it would have helped. Lesson learned.
Posted on 2/24/16 at 7:15 am to Cosmo
quote:
They didn't need it
Ummmmm
Posted on 2/24/16 at 7:15 am to threeputt
Well they didnt need it to protect against a typical flood.
Posted on 2/24/16 at 7:16 am to Jcorye1
quote:
There is actually quite a bit of case law on that. From what I remember, if the tree can be documented to be old/dying/terrible, yes you are responsible. If it was just an "act of god", no you aren't. Someone correct me if I'm wrong.
Each state is different...
Posted on 2/24/16 at 7:17 am to Cosmo
Although I wouldn't call this a flood, the way the water entered the homes probably meets the definition of floods on their homeowners policy, which sucks.
Should the city be responsible, I don't know. Need to determine if the pipe failed on its own or if the city knew about an underlying issue that lead to this. If it's the latter, then heck yes they're responsible.
Should the city be responsible, I don't know. Need to determine if the pipe failed on its own or if the city knew about an underlying issue that lead to this. If it's the latter, then heck yes they're responsible.
Posted on 2/24/16 at 7:18 am to Cosmo
He's talking about your tree on someone else's house. Not a tree on your house.
I'm assuming from the liability perspective of being the city owning the pipe.
I'm assuming from the liability perspective of being the city owning the pipe.
This post was edited on 2/24/16 at 7:19 am
Posted on 2/24/16 at 7:20 am to CaptainsWafer
How is a water main different than other pipelines? I don't see how the entity responsible for its maintenance isn't responibl for a spill.
Posted on 2/24/16 at 7:20 am to CaptainsWafer
quote:
Need to determine if the pipe failed on its own
That will be the answer from the city. There's zero conceivable way you can predict where a water line is going to break.
Posted on 2/24/16 at 7:21 am to Cosmo
quote:
These people had no flood insurance, they didnt need it.
This is not a covered flood insurance claim. Flood insurance covers rising water. I don't think this would be covered under flood. (not an expert!)
Posted on 2/24/16 at 7:23 am to CaptainsWafer
quote:
Although I wouldn't call this a flood, the way the water entered the homes probably meets the definition of floods on their homeowners policy, which sucks.
Most HO policies are going to read very similar to this...
quote:
We do not cover loss to the property described in
Coverage A Dwelling Protection or Coverage B
Other Structures Protection consisting of or
caused by:
1. Flood, including, but not limited to surface water, waves, tidal water or overflow of any body of water, or spray fromany of these, whether or not driven by wind.
2. Water or any other substance that backs up through sewers or drains.
3. Water or any other substance that overflows from a sump pump, sump pump well or other system designed for the removal of subsurface water which is drained from a foundation area of a structure.
4. Water or any other substance on or below the surface of the ground, regardless of its source. This includes water or any other substance which exerts pressure on, or flows, seeps or leaks through any part of the residence
premises.
We do cover sudden and accidental direct physical loss caused by fire, explosion or theft resulting fromitems 1 through 4 listed above.
Posted on 2/24/16 at 7:23 am to C
If maintenance was up to date and documented then what else could the city have done to prevent it? They're doing all they can to make sure everything is working correctly.
I'm not taking sides on this, just pointing out why they may be saying they aren't responsible.
I'm not taking sides on this, just pointing out why they may be saying they aren't responsible.
Posted on 2/24/16 at 7:25 am to ThatMakesSense
quote:
There's zero conceivable way you can predict where a water line is going to break.
I'm sure it failed at a joint but who knows. Surely the city has some type of liability policy that covers its risk.
Posted on 2/24/16 at 7:25 am to wickowick
Exactly. If a pipe breaks IN your slab, covered. High water table causes water to permeate through your slab, not covered.
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