Legal Question in Civil Litigation in Massachusetts
Water Pipe Breakage - Is it an act of God?
At my husband's place of business, a water pipe broke outside the front door. The city said it was not their responsibility. The landlord and the insurance company also said it was not their responsibility. They stated that it was an act of God. When the water pipe broke it flooded my husband's business. The water came up from the floor and also down from the ceiling doing extensive damage. Other water pipes in this building have also broken and all the pipes were put in at the same time, which seems to indicate that the owner should have known their was probable damage in other areas of the system. It seems to me that someone is responsible for the damage to this small business instead of the burden falling on us.
1 Answer from Attorneys
Re: Water Pipe Breakage - Is it an act of God?
Natural floods are styled Acts of God, but broken water mains are not. Ordinarily, the city has responsibility for water mains under the roadway, while the property owner is responsible from the boundary.
Your insurance coverage is defined in your policy, and you should have an attorney review it. Likewise, an attorney should evaluate your rights against the landlord in light of the lease.
Best wishes,
LDWG
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