Legal Question in Civil Litigation in Florida
city liability for property damage from sewage backflow
Called city to report slow drainage of drains in rental duplex (upstairs/downstairs) as reported by upstairs tenant. City came out and cleared blockage on their side. Went to house next day (first floor tenant was on vacation) and found sewage had backed up in first floor unit through toilet and shower drain soaking bathroom, closet, hallway, and part of bedroom. City sent Servpro to repair damage. Total cost approx $6000, city paid approx half of total bill and denied claim for remainder. Reason given: ''The department involved must have prior notice of a problem or potential problem in order for the possibility of potential liability to exist. The Sanitary Sewer Department had no prior notice of a problem with City side of the sewer line.''
Is there any way to recover the remaining $3000 from the city?
1 Answer from Attorneys
Re: city liability for property damage from sewage backflow
Yes. It is a long process. ou must notify the city of your intent to make a claim. They have 6 months to answer your claim. If they do not, you can then file the lawsuit against them for damages.
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