Whether you have suffered water damage or are accused of causing water damage to another person’s property, a real estate and property attorney can help you. Sorting out causes can become complicated and might require the services of an experienced lawyer.
Mar 12, 2014 · Once you have exhausted your complaints with the appropriate authorities/companies, you should probably contact a local attorney. There could be multiple causes of action. The above statements are provided as general information and …
Apr 29, 2021 · Whether you have suffered water damage or are accused of causing water damage to another person’s property, a real estate and property attorney can help you. Sorting out causes can become complicated and might require the services of an experienced lawyer.
However, every state places a dollar limit on the amount of damages you can sue for—usually somewhere between $1,500 and $15,000. To find your state's exact limit, see 50-State Chart of Small Claims Court Limits. Even if your damages are over the limit—for example, if the repairs cost $8,000 and the limit is $5,000—bringing a suit for ...
Mar 27, 2019 · If a sewage backup results in severe damage to your property, you may be able to file a nuisance claim. Filing a Nuisance Claim. Before filing a nuisance claim, make sure the damage is well documented. You will need to prove the damage in a court of law, so the more evidence you have, the better. Record videos and take pictures of the damage.
If a neighbor’s careless act results in the artificial diversion of water to a person’s property, the person may recover damages from the neighbor for the resulting harm. In general, again, a neighbor will not be responsible for damage to a person’s property caused by runoff from naturally occurring land and drainage conditions.
Water Damage to Property. Heavy rain, flooding and other events can do serious damage to a person’s home; the cost to repair the damage can run to the thousands of dollars. The law may offer protection against some types of water damage depending on the source of the damage and whether a homeowner has homeowners’ insurance. ...
A natural disaster may include: Earthquakes; Floods; Thunderstorms; Tornadoes; Hurricanes.
from a water heater, or slightly cracked pipe or leaking hose connected to an appliance, is not covered by homeowner’s insurance. So, even if a person’s homeowner’s policy covers water damage, it does not cover damage caused by slow, gradual leaking. Rather an insurance policy covers damage caused by ...
However, a neighbor can be liable if the neighbor’s negligence caused damage. If the neighbor’s negligence results in an event that directs water to a person’s property causing damage, the person can make a water damage claim for damages.
A water damage lawsuit against a neighbor would not be helpful for damage caused by these natural disasters. A property owner can get natural disaster insurance to cover damages caused by these “acts of god,” such as floods and earthquakes. Natural disaster insurance can cover: Mold damage; Walls and insulation;
There are several types of water damage that may or may not be covered by a person’s insurance, such as: Sudden or accidental discharge from pipes or hoses in the home; Sewer backup and overflow or water backup; Overflow or leaking from a home appliance, e.g. malfunctioning washing machine or dishwasher;
If your home came with unhappy surprises like leaks, cracks, broken mechanical systems, or other defects, the financial responsibility might not be yours alone.
You probably knew when you bought the house that it wasn't in perfect condition. Some problems, such as a crack in the front walk, might have been obvious. Others, such as aging plumbing, the seller might have told you about in the course of the sale.
Even if you think you've been wronged, you can't sue everyone who was involved in the sale of your home. The home seller is the first one to consider, of course.
Some states' laws make sellers' real estate agents liable for failing to disclose problems they observed or were told of by the sellers, though often their duties are fairly limited. Check your state's disclosure laws and try to figure out whether the problem would have been apparent to the broker, but not to you, before the sale.
Hopefully, you got a home inspection before buying. In theory, the inspector should have spotted problems that the seller wasn't aware of, or was turning a blind eye to. If the inspector missed problems that an expert (a professional peer) should have noticed, the inspector might be on the hook; that is, legally liable.
Once you've figured out the possible responsible parties, you'll want to know whether their action—or inaction—might entitle you to compensation. If your situation meets the criteria below, you might have a good case. We've collapsed a few legal principles into this list, but it will apply to most situations in most U.S. states.
In legalese, you could potentially sue someone based on any of the following principles, or some combination of them:
In most areas, sewage systems are owned and operated by the local municipality. They may also, however, be contracted to an independent operator. If you sustain serious property damage as the result of a damaged or faulty sewer system, you may be entitled to relief and other financial compensation. Based on the principles ...
A quick response is also crucial when it comes to determining who is liable for the incident and recovering your losses.
Many insurance policies have “water exclusions” that apply to sewage backup. In other words, even if you have good homeowner’s or commercial property insurance, it is likely that damages occurring as the result of a sewer backup are not covered.
Having sewage backing up into your basement and on your property is the type of disaster that no homeowner or business owner ever wants to face. Unfortunately, these types of things can and often do happen. When such a problem strikes, knowing what to do next can be overwhelming.
Also realize that houses don't come with a guarantee. They typically continue their normal processes of aging and decaying, leaving buyers to deal with the consequences—without any grounds to run back to the seller to complain.
Nearly all 50 states have laws requiring sellers to advise buyers of certain known, material defects in the property, typically by filling out a standard disclosure form before the sale is completed. Depending on the jurisdiction, this responsibility can override an "as is" clause contained within a purchase contract.
Ordinarily, only home defects that are material and that the buyer didn't know about, but which the seller did at the time of sale, will allow a buyer to recover from the seller. That means, of course, that most defects you might find within a home will not make the seller legally liable to you.
Why might I need a lawyer to handle a employment-related problem? To fully enforce state and federal laws protecting employees against illegal actions by their employers, you will need an attorney in many situations where you have a serious problem with your employer and need to take legal action.
Employment law is a highly specialized and an ever-changing area of the law with significant gray areas. Retain someone who has represented individual employees, not employers. For more information on potential sources for employment lawyers, see the Workplace Fairness employment attorney directory.
In small claims courts, you represent yourself and pay just a few dollars to bring a case. The rules depend on your local jurisdiction, but typically a judge hears from both parties, asks questions, and then resolves the issues.
Arbitration is a relatively low-cost process in which each side presents its case to an independent authority, who makes a final decision. Even if your contract has no such provision, you can request a similar hearing.
Some construction contracts include a binding arbitration clause, where parties agree to resolve disputes by arbitration rather than in court. Arbitration is a relatively low-cost process in which each side presents its case to an independent authority, who makes a final decision.
Your contractor could challenge the firing in court as a bre ach of contract: You must show that he breached the contractor agreement first. Document each time the contractor doesn’t live up to the specifics of the contract, such as substituting inferior materials or failing to stick to the schedule.
Unlike Better Business Bureau hearings, the contractor can’t opt out of a lawsuit.
We all know that remodeling can be a hassle. But occasionally a construction project turns into a total disaster and you end up at odds with your contractor -- even though you thoroughly vetted the contractor and the remodeling contract before signing. Shoddy workmanship, unexplained delays, and amenities that never get installed can lead ...
The builder's warranty's maximum term is typically actually a combination of time periods, based on the type of needed work. It might be broken up, for example, into one-, two-, and ten-year terms. Homeowners commonly receive: 1 a one-year warranty for labor and materials 2 two years' protection for mechanical defects (plumbing, electrical, heating, air conditioning, and ventilation systems), and 3 ten years' warranty for structural defects in the home.
Homeowners commonly receive: a one-year warranty for labor and materials. two years' protection for mechanical defects (plumbing, electrical, heating, air conditioning, and ventilation systems), and. ten years' warranty for structural defects in the home. The result is that some of the best parts of the builder's warranty expire quickly, ...