Fence post put thru drain pipe

[amber644]

What is the name of your state?
I'm in the state of Pennsylvania. Recently we bought a home that is under 2 years old. About a week after moving in we had a fence installed. About a week ago we had some really heavy rain and our celler flooded. After having the builder come and look at everything it had been determined that the fence company had put one of the fence posts through the drainage lines that came from the house and ran to the sewer. The builder said that it is the responsiblity of the fence company (which I agree with). What is your opinion on who is at fault? I now contacted the fence company for compansation. Am I correct in thinking that they should cover the cost for the new drainage and to replace the carpet in our celler? Thanks for any advice.
Amber

 

[shortbus]

You have to prove the fence company was negligent, ie. they didn't use reasonable care in installing the post. If there's no way they could've known about the location of the drainage pipe, they won't be held liable. Then you're looking at a claim against your homeowners policy.