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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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