Is the city responsible for a sewer line back up?

UPDATED: Nov 27, 2012

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Is the city responsible for a sewer line back up?

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


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

Answered 10 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.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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