The water that enters your home arrives by way of a system of underground water mains, or large pipes that serve entire neighborhoods. Smaller pipes run from each home to those mains, and when those pipes break, serious Property damage in Brooklyn, NY can occur. After a Construction Accident in Brooklyn, NY does thousands of dollars in damage to your home, there are certain laws that protect you.
Suing the Water Company after Damage to Your Property
Despite what you may have been told, you can hold the water utility legally responsible for property damage. Although water companies are public utilities run by local governments, they do not receive governmental immunity–and thus can be sued for causing property damage.
When to Hold the Water Company Responsible
To avoid a Construction Accident in Brooklyn, NY, utilities must exercise due care when installing, maintaining and repairing water mains, dams, reservoirs and pumps. When a water company fails to exercise care, it can be held liable for any damage it causes, such as that from:
- Flooding caused by burst pipes and mains
- Water damage from leaking pipes
- Damage from water that was purposefully released from a reservoir or dam
- Water escaping from an outdoor tank
- Failure to shut off a water supply after you’ve reported a leak
How you and your Lawyer can Prove Negligence
To collect damages, you and your attorney must prove that the utility failed to repair, install or maintain the pipes or other hardware correctly. For instance, the water company is responsible if a main is overused until it bursts; if you contributed to the malfunction in any way, your recovery may be limited.
If the Utility Doesn’t Inspect Pipes Properly
You cannot prove negligence merely by saying that the utility failed to inspect its piping. It is hard to inspect pipelines without excavation, so utilities aren’t obligated to inspect them on a regular basis. However, if they’re given notice, the company must investigate the problem and make timely repairs.
Should you Call an Attorney if You’ve Suffered Water Damage?
If your home has sustained water damage due to the actions (or inaction) of your local water utility, a property damage attorney can help. Your lawyer will know the rules and regulations in your area, and they can help you get the compensation you’ll need to make repairs to your home.
