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    Financial Remedies for Personal Property Damage in Water Main Breaks

    Source: Journal of Legal Affairs and Dispute Resolution in Engineering and Construction:;2021:;Volume ( 013 ):;issue: 003::page 04521019-1
    Author:
    Karen E. Gupta
    DOI: 10.1061/(ASCE)LA.1943-4170.0000471
    Publisher: ASCE
    Abstract: America’s infrastructure failure in water main breaks has led to personal property damage; in recent years, thousands of homes and businesses have been damaged by flood waters, and property owners are often unsuccessful in seeking financial remedy through the municipalities owning deteriorating systems. Municipalities in America are spending valuable infrastructure repair money in defense of lawsuits out of fear of setting precedent and are often successful in defense utilizing sovereign immunity against negligence cases. Insurance often refuses coverage for property damage from water entering from outside. This paper examines the current application of insurance programs and negligence lawsuits in water main break damage cases, provides suggested legal causes of action that have been successful, and examines cases in which property owners have collected from municipalities through the utilization of inverse condemnation, trespass, and nuisance claims in cases resulting in personal property damage.
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      Financial Remedies for Personal Property Damage in Water Main Breaks

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    https://yetl.yabesh.ir/yetl1/handle/yetl/4269785
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    contributor authorKaren E. Gupta
    date accessioned2022-01-31T23:28:28Z
    date available2022-01-31T23:28:28Z
    date issued8/1/2021
    identifier other%28ASCE%29LA.1943-4170.0000471.pdf
    identifier urihttp://yetl.yabesh.ir/yetl1/handle/yetl/4269785
    description abstractAmerica’s infrastructure failure in water main breaks has led to personal property damage; in recent years, thousands of homes and businesses have been damaged by flood waters, and property owners are often unsuccessful in seeking financial remedy through the municipalities owning deteriorating systems. Municipalities in America are spending valuable infrastructure repair money in defense of lawsuits out of fear of setting precedent and are often successful in defense utilizing sovereign immunity against negligence cases. Insurance often refuses coverage for property damage from water entering from outside. This paper examines the current application of insurance programs and negligence lawsuits in water main break damage cases, provides suggested legal causes of action that have been successful, and examines cases in which property owners have collected from municipalities through the utilization of inverse condemnation, trespass, and nuisance claims in cases resulting in personal property damage.
    publisherASCE
    titleFinancial Remedies for Personal Property Damage in Water Main Breaks
    typeJournal Paper
    journal volume13
    journal issue3
    journal titleJournal of Legal Affairs and Dispute Resolution in Engineering and Construction
    identifier doi10.1061/(ASCE)LA.1943-4170.0000471
    journal fristpage04521019-1
    journal lastpage04521019-9
    page9
    treeJournal of Legal Affairs and Dispute Resolution in Engineering and Construction:;2021:;Volume ( 013 ):;issue: 003
    contenttypeFulltext
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