Financial Remedies for Personal Property Damage in Water Main Breaks

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.