Holding a municipality accountable - Collapsing storm drain causing damage to my home - Indiana

[Bianskihd3]

Can I take legal action against the town and force them to repair the damages?

Here is the back story: There is a 22" storm drain that runs underneath my home that has resulted in 3 sink holes. The last sink, which was 7 feet deep, was 6 feet from the front of our house. We have cracks in our foundation, walls, and our hardwood floors are buckling and cracking. Two structural engineers have looked at the home and both agree the foundation needs secured. They both acknowledge there is movement in the soil underneath the structural supports, causing movement in my floors. The Town believes they are not liable for any damages to my home, even though they have been aware of the issue for 5 years and have neglected to repair or maintain the storm drain.

 

[PayrollHRGuy]

What state are you in?

 

[LdiJ]

Can I take legal action against the town and force them to repair the damages?

Here is the back story: There is a 22" storm drain that runs underneath my home that has resulted in 3 sink holes. The last sink, which was 7 feet deep, was 6 feet from the front of our house. We have cracks in our foundation, walls, and our hardwood floors are buckling and cracking. Two structural engineers have looked at the home and both agree the foundation needs secured. They both acknowledge there is movement in the soil underneath the structural supports, causing movement in my floors. The Town believes they are not liable for any damages to my home, even though they have been aware of the issue for 5 years and have neglected to repair or maintain the storm drain.

Have you discussed this with your insurance company? Normally letting your own insurance handle the damages and letting them go after the municipality is a better way to handle things, if possible.

 

[Bianskihd3]

I live in Indiana.

 

[adjusterjack]

Have you discussed this with your insurance company?

The conditions cited are probably not covered.

A standard exclusion in homeowner policies:

Settling, shrinking, bulging or expansion, including resultant cracking, of bulkheads, pavements, patios, footings, foundations, walls, floors, roofs or ceilings;

Though I suppose it couldn't hurt to ask one's insurance company at least to get an official review and denial.

 

[HRZ]

Sovereign immunity or a municipal,equivalent may apply as welll. Around me whole blocks of housing get condemned at times due to large sinkholes generally caused by water lines
...

 

[pac72]

how olds the house ? seems odd that a structure would be permitted over a large drainage pipe

 

[Bianskihd3]

Have you discussed this with your insurance company? Normally letting your own insurance handle the damages and letting them go after the municipality is a better way to handle things, if possible.

I was concerned my homeowners insurance would drop me if they were aware of the issues.

how olds the house ? seems odd that a structure would be permitted over a large drainage pipe

the home was built in 1962. The storm drain is believed to have been installed in the late 1930s

 

[HRZ]

Home was built " over "a storm drain or just close to same ?

IF the entity responsible for maintenance of that drain has failed to maintain it...you are going to need to sue that entity.....get some input from a local attorney who has a track record of successful suits against that entity or,similar local entities .

Some of the drains around me date back to,WPA projects in depression ...and responsibility for maintenance is a real grey adventure

 

[Bianskihd3]

The storm drain runs directly under my house. I have tried contacting 3 attorneys and have received 1 response suggesting I should spend my money on repairing my home than paying his fees, because it will be a tough case.

 

[quincy]

Have you informed the city and the city's water utility of the engineer's inspection and assessment (with "informed" meaning by formal written certified letters with copies of the inspection report)?

You will need evidence that you provided the city and the utility company with actual or constructive notice of the water main problem. Before suing, you need to submit a notice of a tort claim against them.

It probably is also smart to contact your insurance company so an adjuster can look at and assess the problem with your foundation. Some "sinkhole" damage can be covered under your policy.

Because you are aware of a problem with the ground beneath your house, this information must be shared with any buyer of your home if you are thinking of selling prior to repairs.

Having an attorney can be helpful.

 

[Bianskihd3]

Have you informed the city and the city's water utility of the engineer's inspection and assessment (with "informed" meaning by formal written certified letters with copies of the inspection report)?

You will need evidence that you provided the city and the utility company with actual or constructive notice of the water main problem before you are in position to submit a notice of a tort claim against them.

It probably is also smart to contact your insurance company so an adjuster can look at and assess the problem with your foundation. Some "sinkhole" damage can be covered under your policy.

Because you are aware of a problem with the ground beneath your house, this information must be shared with any buyer of your home if you are thinking of selling prior to repairs.

Having an attorney can be helpful.

Thank You for the advice. The Town hired a structural engineer that basically stated on his report that there is no way of knowing if this is an active issue or existing. He recommends installing helical pilings to raise the foundation to it's original position and to stabilize it.

My structural engineer recommends the same. My structural engineer also stated verbally, not on his report that the issues are directly related to the collapsing storm drain.

I have contacted 3 attorneys. 2 did not return my call and the one that did said it would be a tough case to win, which I cannot understand. If the said collapsing storm drain was not an issue and causing damage to my house, then why would the town reroute it?

Maybe I can't see the forest for the trees here...?

I have a sinkhole forming in my crawlspace. The area around the previous sinkhole has sunk causing my driveway and sidewalk to sink, both foundation walls are cracked where the drain runs under them. Depending on the moister in the drain, there are areas in my floor above the supports in my crawlspace the rises and falls up to an 1 1/4 inches. My roof line and roof edge are sagging in the same area, and they tell me they have no liability for my structure.

Since you are on the outside looking in, please tell me if I am missing something.

 

[quincy]

Suing a city or a utility is not easy. The attorney you spoke to was probably weighing cost versus benefit, with one major expense being expert witness testimony.

If you file a claim, there is a chance the city/utility might decide to settle, so you could walk away with something. If the matter goes to trial, the outcome might rest on whose expert witness presents the most convincing testimony.

One problem I see is that someone apparently thought it wise to build a structure over a storm drain. Although you didn't build the house, you inherited any problem with your purchase of it.

I suggest you continue to contact attorneys in your area for assistance.

Good luck.

 

[justalayman]

Do you have proof you informed them of the problem 5 years ago?

 

[ALawyer]

In many states (and I don't know what the laws are in Indiana) there is a requirement a specific form of notice must be given (often within a rather short time frame) to the governmental unit before suit can be filed. If someone fails to provide the notice, in the manner required by law, on a timely basis, it's ballgame over.

I also assume that when you spoke with the several lawyers you contacted you asked them to take the claim on as a contingency matter. That means they'd not be paid except if they win, and then they'd get a percentage of the recovery, after expenses.

In any contingency matter that means the lawyer has to to determine, at the outset, what he or she thinks the likelihood of recovery will be, how much that recovery would likely be if the matter is successful, how much time and effort the lawyer likely would have to put into the case, how much evidence is available, and as experts are likely going to be needed, how much it will cost to try the case. It all adds up, and given the facts you outlined, I'd guess few lawyers would be willing to take the matter on as contingency fee only case.

Your best bet might be to hire an experienced attorney in your area on an hourly basis to get a sense of what your rights are and the likelihood of recovery, and then determine if there is some sensible basis on which you could hire an attorney.