what kind of lawyer would i need for water flooding to go against my county

If you have suffered water damage and are thinking of suing a water company, you should consult an experienced property lawyer for help. A property lawyer will know the specific laws in your state and the agencies that manage and operate your local water utility.

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How can a real estate lawyer help with water damage?

 · Whether you have suffered water damage or are accused of causing water damage to another person’s property, a real estate attorney can help you. Sorting out causes can become complicated and might require the services of an experienced lawyer.

Why can't the county commissioner do anything about the flood?

 · Whether you will be successful in your litigation depends on the engineering for the road paving and how much time has passed since the road was paved. You should consult an experienced real estate lawyer in your area about your situation. In the meantime, you should keep flood insurance in place.

Why hire a property lawyer for a water utility lawsuit?

 · A property lawyer will know the specific laws in your state and the agencies that manage and operate your local water utility. If a lawsuit should become necessary, an …

What can I do about my neighbor’s water damage?

 · Contact a skilled real estate attorney near you to learn about local land and water laws to ensure your dispute is resolved efficiently.

How do you deal with flooding water?

Stop the water at its source. Unless the flooding is due to an act of nature, find the source of the water and turn it off or seal it up. ... Turn off the electricity. ... Evacuate the premises. ... Call for help. ... Document everything. ... Start the cleanup process. ... Prevent mold damage.

Can a neighbor drain water onto your property Texas?

One is called the "common enemy rule." Under this rule, drainage water is regarded as an enemy common to all landowners. The law allows every owner to take any measure to protect property, regardless of the consequences to other neighbors.

Can you block the natural flow of water?

Build a Berm One of the most effective ways of preventing water from reaching your home is to construct a raised barrier made of soil called a berm. Not only are berms effective and generally easy to install, but they also add to the aesthetic value of your property.

Who is responsible for water runoff Georgia?

It states that Georgia follows the Civil Law doctrine regarding surface waters. The Civil Law rule “imposes a right and a duty upon every landowner to receive water naturally flowing onto his land from that of his neighbor.” (Mallard vs Pye, 215 Ga.

Can a neighbor drain water onto your property?

If you do decide to try to divert water away from your house or prevent water coming onto your land you must respect your neighbour's rights. There is a right to natural drainage. This means that water flowing naturally across the surface of the land is permitted to flow downhill naturally onto your neighbour's land.

Who is responsible for rainwater drainage?

Sewers and lateral drains connected to the public network used to be the responsibility of the property owner. However, most are now maintained by local water companies. If you have any problems with your sewer or lateral drain, for example if it's blocked, contact your local water company.

Who is responsible for surface water flooding?

Highways flooding Highways authorities provide and manage highway drainage and roadside ditches. They are responsible for managing surface water flood risk on roads through maintenance of the highway drainage system.

What are drainage rights?

There is a right of drainage that allows water that flows across your land to flow downhill naturally to your neighbour's land. But you are not allowed to artificially channel water in a way that will cause damage your neighbour's land. If you do, you may face a civil action.

How do I stop water runoff in my yard?

10 Ways To Manage Runoff WaterAdd plants. Incorporate plantings, especially in areas where runoff collects. ... Protect trees. Like other plant roots, tree roots help absorb and filter runoff. ... Break up slabs. ... Go permeable. ... Catch runoff. ... How to Divert Water Runoff from Driveway. ... Plant a rain garden. ... Cover soil.More items...

What happens if you are able to prove that your neighbor is responsible for water damage?

If you are able to prove that you neighbor is responsible for the water damage, you may be able to recover damages for your losses. These can include: Costs associated with repairs for the damaged property. If your home became uninhabitable due to the damage, you might be able to recover hotel or lodging costs.

What are neighbors water disputes?

What are Neighbor Water Damage Disputes? Usually a neighbor cannot be held responsible for property damage caused by runoff from naturally occurring rain and land conditions. However, if the water damage is caused by a neighbor’s actions or non-actions, this can present some difficulties. Since the flow of water is somewhat unpredictable, ...

How is property damage factored in a lawsuit?

Property damage is sometimes calculated into the overall damages award issued to a party. However, it is usually factored into the compensatory damages award, which is intended to reimburse the plaintiff for losses resulting from the other party’s actions or negligence.

What to do if you have a dispute with your neighbor?

If you are involved in a dispute over water damage, you may wish to contact a real estate lawyer for advice or representation in court. Your attorney will be able to advise you according to the laws of your state, and can help you recover damages for you losses.

What are some examples of water damage?

An example of water damage would be if a plumber negligently installs a water pipe, and that pipe then bursts. Runoff from a neighbor’s property is another common source of water damage. Water comes to customers through an underground system of mains, which are large pipes intended to serve an entire street or neighborhood. This system also includes smaller pipes, which are connected to the main. What this means is that with so many parts involved, there are several opportunities for water damage.

Do you need proof of foreseeable damage?

Some jurisdictions require extensive proof regarding whether the damage was foreseeable. Be sure to double check the laws of your state to determine which legal theory may be applicable in your case. Also, you may wish to consult with a lawyer if you are unsure of your claim.

2 attorney answers

If you ask lawyer if you need one to solve an issue, the likely answer is going to be yes. In your situation, seems that you should look legal advice from an experienced administrative law attorney.

Antonio Alonso

You may have a cause of action against the City, but it will be expensive and time consuming litigation. Whether you will be successful in your litigation depends on the engineering for the road paving and how much time has passed since the road was paved. You should consult an experienced real estate lawyer in your area about your situation.

What to do if you have water damage?

If you have suffered water damage and are thinking of suing a water company, you should consult an experienced property lawyer for help. A property lawyer will know the specific laws in your state and the agencies that manage and operate your local water utility. If a lawsuit should become necessary, an experienced lawyer is best prepared to gather the evidence necessary to prove your case and support it with an expert opinion.

What to do if you don't get satisfaction with a water claim?

If a person does not get satisfaction with a claim submitted to the utility itself or a state or other agency that manages or operates the utility, then they would want to consult an attorney to sue a water company.

What is restoration from water damage?

Restoration from water damage is the process of repairing damage to property from water damage. Of course, the steps that must be taken will depend on the exact nature of the damage done, whether it is outdoors, to a foundation or inside a residential dwelling. Very different approaches are going to be called for in each of these scenarios. Often, however, drying out an area that has been damaged by water is key. Preventing conditions that can lead to mold growth inside a structure is critical.

What is an expert witness in water?

This expert witness would be a person who is familiar with the operations of a water company and can identify negligence in its operations. This is a project that would best be undertaken by a qualified property lawyer.

How to prove negligence against a water company?

Generally to make a case for negligence against a water utility, a person would have to present evidence of facts showing that the water company failed to install, maintain, or repair its water utility facilities properly. Again, the facilities could include reservoirs, dams, water mains and other pipes. In addition to finding evidence of facts showing negligence in installation, maintenance and repair, one would probably need to enlist the aid of a witness with expertise in water utilities who can explain how and why the actions or inactions of a water utility constitute negligence.

What is the duty of a water company?

The water company has a duty to install, maintain, and repair its reservoirs, dams, pumps and pipes in such a way as to avoid damaging the property of others and the public in general. When it is negligent in the performance of these duties, it can be liable for any damage that it causes.

Can water damage property?

Water can do serious damage to property , possibly costing thousands of dollars, or more, to repair. Water service is a utility and every state has laws that specify whether or not a utility company can be sued for damages. Most states require a utility, such as a water company, to take responsibility and pay for any damage that its service causes. This would include water damage caused by a water utility company.

What happens if your neighbor's property is damaged by water?

If your property has been damaged because of the carelessness or negligence of your neighbor, you may be able to collect compensation for your damage and losses. You may also get a court order that directs your neighbor to stop doing whatever it is that has caused water damage to your property.

What happens when water damage is caused by neighbors?

When water damage may have been caused by a neighbor, serious disputes can arise.

How to resolve a dispute with neighbors?

Disputes with neighbors are best resolved quickly to minimize conflict. Knowing your rights can help make your negotiations simple, practical, and predictable. Contact a skilled real estate attorney near you to learn about local land and water laws to ensure your dispute is resolved efficiently.

Can a judge order a neighbor to fix water damage?

Any medical bills directly related to the water damage, either for physical injury or mental distress. You may be able to get a judge to issue a court order that directs your neighbor to fix the problem. Judges are more likely to issue such an order if the fix or repair is minor.

Can you collect damages if your neighbor is responsible for water damage?

If you can prove that your neighbor is responsible for water damage that you suffered, you may be able to collect damages for:

What causes water damage?

Careless water damage is often the result of simple accidents and forgetfulness. Sources of these types of damages include leaking or broken water hoses, leaky sprinkler heads, broken, frozen or burst water pipes, and even clogged rain gutters.

Can you hold your neighbor liable for damage to your property?

Under these modified rules, you may still be able to hold your neighbor liable for damage to your property if the modification (protection) of your neighbor's property was negligent.

What are flood laws?

Flood damage laws pertain to surface water damage, and they protect your rights as a homeowner against damage to your property whether it is caused by nature or careless neighbors.

What happens if neighbors sprinklers are causing water damage?

However, if your neighbor’s sprinkler system is causing water damage to your property, tempers can flare, and the fun bickering match can quickly turn into something serious.

What to do if you have a dispute with your neighbor?

If the dispute between you and your neighbor becomes immediately concerning, i.e. revenge damage to your property, contact your local police station. They can act as a temporary mediator until the problem is resolved.

Why do insurance claims fail?

Many reported claims fail because of an untimely report. Occasionally, an insurance company will deny your claim. If you believe this denial is inaccurate, consult a lawyer for an appeal. If the lawyer finds you have a case against your neighbor, you can sue for the costs of your damage.

Why does water run through pipes?

It runs through the pipes in your home to provide everyday necessities and falls from the storming, cloud-filled sky to provide the earth with sustenance. Unfortunately, such a beautiful thing is also one of the leading causes of property damage.

Can you sue your neighbor for water damage?

There are a few instances when you can’t sue or point fingers at your neighbor for the water damage they’ve caused. For example, rain water falling from your neighbor’s roof is a natural occurrence. Unless the neighbor has recently landscaped his yard, messing with the slopes the rain used to travel to the streets, there’s nothing you can do about it.

Is water damage a property damage?

Unfortunately, such a beautiful thing is also one of the leading causes of property damage. Water damage is one of the top five most commonly cited home insurance claims in the United States. If you’re at-fault or partially at-fault for the damage, it’s easier to get it repaired.

What happens if a court determines that the alteration to land was unreasonable and altered the land’s natural

If a court determines that the alteration to land was unreasonable and altered the land’s natural condition that caused his or her neighbor harm , the court will hold in favor of the property owner who sustained water damage.

Why do neighbors dispute?

Neighbor disputes can crop up due to a number of issues, but water damage issues due to the landscape of a neighbor’s property or naturally-occurring condition are some of the most common. The respective rights of each property owner depends on the specific circumstances involved in the case and local and state laws that address the subject.

Is a neighbor legally responsible for a runoff?

Natural Conditions. Generally speaking, one neighbor is not legally responsible for damages that are a result of natural conditions on the land. For example, if rain fall cascades down the neighbor’s land onto the other homeowner’s land, there is generally no liability if this runoff is due to a natural condition.

What is careless damage?

Careless Damage. The general assessment of these types of cases is whether a neighbor caused damage due to carelessness. For example, neighbors may be found to be careless when they leave water devices running for too long or do not maintain their water pipes. Neighbors can also be found liable if their tree roots grow so long ...

Can you divert water from a neighbor's property?

However, courts have modified this rule in more recent years, allowing property owners to divert surface water if the method in doing so is not extraordinary or unusual and the neighbor uses reasonable care to prevent causing damage to his or her neighbors’ property.

Does homeowner's insurance cover neighbors?

In some instances, homeowner’s insurance may be able to help compensate the neighbor for these types of damages.

How to determine if a neighbor is responsible for water damage?

Some states use the reasonableness approach to determine whether or not to hold a neighbor responsible for damage caused by water. States that follow this rule generally require an individual to prove that the neighbor took some type of affirmative action that caused a neighbor to sustain water damage, this alteration to the land was unreasonable and this action changed the natural flow of water onto the property. The fact finder may evaluate a number of different factors in order to determine whether the alteration was reasonable or not, including the relative importance of the alteration, whether the damage from the diverted water was reasonably foreseeable at the time the neighbor made the alteration and the difference between the value of the damage to the neighbor’s property than to the increased value of the diverted neighbor’s property.

What happens if water runs down neighbor's property?

However, if the runoff is caused by alterations of a neighbor’s yard that causes more water to run down the land onto the neighbor’s property, legal recourse may be available. Some states have laws that prohibit individuals and businesses from diverting or impounding the natural flow of surface waters that damages another’s property due to overflow caused by the diverted water.

Can a landowner pursue damages?

Landowners who have been adversely affected by the actions of neighbors may be able to pursue damages that they have sustained with the help of a lawyer. A lawyer can investigate the nature of the claims about the possible cause of the damage, the extent of the damage and potential remedies.

Can you modify a person's land?

The adjusted rule may permit modifications to a person’s land so long as the modification is reasonable. However, there may be a higher duty imposed on landowners to take additional measures to protect his or her own land caused by damage and increased water.

What is the liability of a landowner who changes his or her land in a manner that alters the natural

This rule imposes liability on a landowner who changes his or her land in a manner that alters the natural flow of water onto the surface and across the land. States that follow this rule may have adjusted it. The adjusted rule may permit modifications to a person’s land so long as the modification is reasonable.

Can neighbors be held responsible for water damage?

In water disputes, it is often necessary to first determine the source of the water. Generally, neighbors are not held legal ly responsible for damage to a property that is caused by the natural runoff that occurs when rain or other precipitation meets the earth.

What happens when water comes into your home?

Water that comes into a home can cause a significant amount of damage, resulting in ceilings and floors collapsing and possibly the development of mold which can be expensive and difficult to eradicate. Additionally, the structure of a home can be compromised due to flooding, an overflow of water or a buildup of water.

What to do if you can't resolve a claim?

If you can’t resolve the claim with the city, you can file a lawsuit against the city for negligence. As with any lawsuit, you’ll need to prove the city was negligent and that the negligence directly caused or contributed to your injuries and damages. You’ll also need to consider whether the at-fault party was a government organization as ...

How to file a claim against a city?

First, you’ll generally file a claim with the city government, at which point you’ll be directed to either the city attorney’s office or the risk management division. Once the city receives your claim, it has three options: Accept the claim and pay your damages. Negotiate with you to try and settle your case for less than the full amount ...

How to settle a lawsuit for less than the amount of damages?

Negotiate with you to try and settle your case for less than the full amount of damages you’ve specified. Deny the claim outright. There’s very little chance the city will simply accept your claim and pay you the full amount of damages. Most often, the city will try to deny the claim or negotiate the amount down.

Why is it harder to sue a city than to sue an individual?

However, regardless of where you live, one thing is almost certain: it will be harder to sue the city than it would be to sue an individual or private organization, because governments have special legal protections and additional resources that aren’t available to private parties.

What are some examples of lawsuits against a city?

Examples of situations that could give rise to a lawsuit against a city include: Being hit by a government vehicle (police car, public works vehicle, parks and rec truck, city bus, construction vehicle, public school bus, etc.) Slipping and falling due to hazardous conditions in a government building, such as City Hall or the Secretary ...

Can a city be sued for personal injury?

The short answer is yes — cities can be sued in personal injury lawsuits and other types of civil suits. However, the process is different from (and significantly more complex than) suing a person, company, or other private organization.

Can a city accept a claim?

There’s very little chance the city will simply accept your claim and pay you the full amount of damages. Most often, the city will try to deny the claim or negotiate the amount down. If you can’t resolve the claim with the city, you can file a lawsuit against the city for negligence. As with any lawsuit, you’ll need to prove the city was negligent and that the negligence directly caused or contributed to your injuries and damages.