Is the city responsible for a sewer line back up?

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Is the city responsible for a sewer line back up?

Asked on November 27, 2012 under Real Estate Law, Ohio

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

It would be advisable to contact the City's Claims Department because you may need to file an administrative claim prior to filing a lawsuit for negligence against the city.  If the administrative claim is not timely filed, you won't be able to subsequently file a lawsuit for negligence against the city after the administrative claim is denied.  Administrative claims are usually denied.

Negligence is the failure to exercise due care (that degree of care in this case that a reasonable city would have exercised under the same or similar circumstances to prevent foreseeable harm).

Your damages (the amount of monetary compensation you are seeking in your lawsuit for negligence) would be the cost of repairs to your real property (real estate) and the cost of repairs or replacement of your personal property damaged due to the sewer backing up.


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