The question of who is responsible for damage caused by a water main break depends on how the break happened and who was supposed to prevent such an event from occurring. A Boca Raton property damage lawyer in your area can help you find the at-fault party and sue for damages.
Who Is Responsible for Water Main Breaks?
If a water main breaks in your area, the party responsible might be:
- The government: Water mains are public property, so it is the government’s job to make sure they are safe by inspecting and maintaining them regularly.
- A third-party maintenance crew: If the government has someone else maintain the pipes on their behalf, that third-party contractor is responsible for doing the job right. Otherwise, they could be held liable for any resulting damage.
- A construction firm: If someone attempts to do construction without first checking to see where the water main is, you can seek damages for any harm done when they hit the main.
- A property owner: In some cases, a property owner may be responsible for the break if it happened on their property or was caused by their actions.
Who Is Responsible for Paying Out After a Water Main Break?
While the identities of those responsible for water main breaks vary from situation to situation, one fact remains consistent: the at-fault party will probably not pay out of pocket for the damage they did. Instead, an insurance company will cover your losses.
Sometimes, your own insurance policy will help you pay for property damage. In other cases, you might have to ask the liable party’s insurer for help. Either way, a property damage law firm can guide you.
How Water Main Breaks Happen
To get to the heart of who is responsible for damage caused by a water main break and why they are responsible, you should understand how the water main break happened in the first place. Reasons for a break might include:
The Age of the Water Main
Nothing lasts forever. Once a water main reaches a certain age, it should be replaced so as not to cause harm to people and property in the area.
How old is too old for a water pipe? That depends on many factors, including what the pipe is made of, the quality of the maintenance over the pipe’s life, and the general climate. For example, cast iron pipes in Florida may deteriorate quicker than similar pipes installed elsewhere due to climate change and exposure to salt water.
Poor Water Main Maintenance
Water mains are a vital part of America’s water system, as the Environmental Protection Agency (EPA) explains. They do a great deal of work and are subject to a lot of wear and tear. This is why the government should inspect, update, and maintain the mains on a regular basis so that they stay in good working order for as long as possible.
Natural Disasters and Water Mains
Even if a water main is brand new and in excellent condition, an extreme weather event can damage it. Hurricanes, for instance, can cause flooding and structural damage that may undermine the integrity of a water main.
While no one can stop a hurricane, you can take out an insurance policy to protect your home against water damage caused by natural disasters. Check if your policy covers the types of events most likely to affect your area: many policies exclude flood damage, so if flooding is a concern, take out a separate policy.
Damage That May Result from Water Main Breaks
Since water mains are designed to service large areas, they contain a lot of water that can do significant damage if the main leaks or breaks. Your home or business might experience:
- Flooding in the basement or lower levels of the building
- Water damage to the building and your personal property within the building, including rugs, furniture, and appliances
- Complete destruction of personal property, such as clothing, heirlooms, or family photos
- Catastrophic structural damage that makes the building unsafe
Other Losses Associated With Water Main Breaks
In addition to the direct damage caused by the water main break, you might suffer any number of indirect but related losses. These include the cost of:
- Going to a laundromat or eating out, if your household appliances are no longer operable
- Finding a place to stay, like a motel or an apartment, until the water damage is fixed (or you find another place to live, if your old home is unsalvageable)
- Boarding your pets, if your temporary accommodations do not allow pets
- Loss of revenue, if your place of business was damaged and you cannot do your job as effectively from other locations
Your insurance policy may or may not cover these items. Be sure to review your policy carefully—with the help of a lawyer if you so choose—before starting your claim.
Getting the Right Damages After a Water Main Break
You already know you will have to file an insurance claim to get the compensation you need, but will the insurer cooperate with your claim? How can you be confident that your settlement will pay for everything you need to rebuild? One way is by hiring a legal representative who can:
- Communicate with the insurance company on your behalf, which would prevent the insurer from trying to push or manipulate you in any way
- Find strong evidence showing that the damage to your property was caused by the water main break and is worth what you say it is worth
- Negotiate for the right settlement if the insurer tries to reduce your payout
- Identify any liable parties who may owe you compensation
Get Compensation for Water Main Break Damage
If you want help finding who is responsible for the damage caused to your property by a water main break, call Ged Lawyers today. Our firm gets results for our clients, and we never charge a fee unless we win. Members of our team are standing by now to provide you with a free case review.
