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Who is Responsible when your home or business floods?

     The recent heavy rains have left many homes and businesses flooded.  Whether there is any liability for this flooding can be a complicated question.  Several factors, however, can give the flooding victim reason for further investigation, including the following:

     1.  New or changed grade or landscaping on an adjacent property.  If the water and debris seem to be coming from a neighboring property that has recently been modified, the adjacent owner may have liability.

     2.  Plugged drainage systems.  If a home or business is flooded because someone who has responsibility for keeping drainage clear failed to do their job, a potential for liability exists.

     3.  Diverting or directing water flow toward your property.  Some owners attempt to protect their property by creating a barrier that diverts water away from their property, and toward another property.  Flooding that results from this diverted water may be the responsibility of the one who diverts the water.

 

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Posted by Anonymous on April 24, 2013 - 6:29pm
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