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property damage

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david in AL.

Junior Member
What is the name of your state?Alabama
my neibors and i have foundation damage to our homes.we feel the damage has been caused from the continuous blasting by a rock quarry that borders our property.can we sue for the cost of repairs to our homes?
 


Ocelot

Junior Member
reply

Hello David,

I'm in Alabama too - and new on this forum. Unfortunately, the forum doesn't seem very busy. If you find a more active one, please post a link to it.

I don't have any special knowledge applicable to your case, but in general, I think you can sue for anything. Winning, of course, is the issue.

How long has the quarry been in operation?

Can you demonstrate that the damage has occured since the quary began operations?

Or, if the quary has "always" been there, can you show that the houses were correctly constructed and the sites on which they were built were correctly prepared?

I'm guessing that the quarry people would bring an expert witness to court, who will say that the houses were built on soft soil and any cracking in the foundations is the result of settling.

If you can mount some kind of seismic sensor on your property and measure the shocks assocated with the blasting, you might start to have some evidence that the blasting produces shocks which are sufficient to cause the damage.

If you can make a video with the sounds of blasting in the background and showing concrete dust puffing off of your foundation at the exact same moment, you can probably nail them, but it's probably more subtle than that.

I think you are going to have to connect with some folks who lived near other quarries and successfully sued.

Well, I doubt that I contributed anything, but there's my free and uninformed comments. :)

I'm in North Alabama, btw. Where are you?

-Ocelot
 

Ocelot

Junior Member
Hi hemingway,

hemingway said:
http://consumeraffairs.com/

click on small claims guide on top of screen
I am not a lawyer. good luck!
I think small claims is limited to very small $$$ amounts in Alabama. It used to be $750 - but now I think it is $2000. Check with a court web site to be sure.

The damage he describes is likely to be much more expensive than that.

-Ocelot
 
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