Legal Question in Civil Litigation in South Carolina

Storm Drain/Municipality Liability?

Municipailty informed of clogged storm drain, repairs attempted by

Municipality, admission that drain does not meet code and

inadequate (lacking proper 1'' per 1' angle) admission drain

responsibility of municipality despite having been built by the

developer many years prior...permission ganted by neighbors to

dig, replace pipe. No action. Subsequent rains cause flooding as

drain inadequate. Damages less than $10K. Legal argument for

municipality liability? Acceptance of responsibility when first

notified? Assurance ''cleaned'' pip would be adequate? Thanks!


Asked on 10/07/05, 10:29 pm

1 Answer from Attorneys

Robert Johnston Law Offices of Robert J. Johnston

Re: Storm Drain/Municipality Liability?

It would be a lot easier if you used complete sentences. Its really hard to follow what happened, where the pipes are, on who's land, city's or private, whether there is a PUD in place with responsibilites, covenants, what the damages amount to, who has been damaged, etc. This is one of those questions that should be posed to an attorney face to face or on the phone so that all of his/her questions can be answered. Good luck.

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Answered on 10/07/05, 11:33 pm


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