Legal Question in Civil Litigation in Minnesota

Damage to house caused by directional boring for underground lines.

A company was installing underground cable for the city. Somehow the bentonite and water mixture they used made its way to my house and came up through the basement floor. The mixture forced its way through all the cracks in my floor, and got to an average depth of about 1 inch. Now when it rains water comes up through the floor. Is there a way to assess damage to the ground under my house? Are they responsible for that damage?


Asked on 7/04/02, 2:39 am

1 Answer from Attorneys

Vincent W. King Vincent W. King, PA

Re: Damage to house caused by directional boring for underground lines.

Just happened to be checking my e-mail today & saw this (I know, I have no life, but otherwise I would have to be mowing the lawn).

Anyway, a complete answer to this question would require a further investigation of the facts. For example, have you had a wet basement before, how far was your home from the work being done, etc.

Also, note that if you are going to make a claim against the City you have a limited time to file a notice of claim. When was the occurrence?

Generally, assuming you haven't had water before it is quite possible you have a claim against the City and the contractor. If there is property damage, and it sounds like there was, the contractor's insurer should be in a position to respond. You may also want to file a claim with your homeowner's insurer, although coverage under that policy may be a bit dicey. However, this is the type of "accident" as defined in the typical homeowner's policy that might be covered.

As for determining the extent of the damage, you will probably need to hire a geotechnical engineer and possibly a structural engineer.

Finally, was any part of the basement finished? If so, you need to get any wood, carpet, drywall, etc. removed, dried out, and tested and treated for mold growth. Make sure to document the damage with photos and/or videotapes, and save samples of any damaged materials for testing. I can give you the name of a couple of testing firms if you would like. The presence of mold in your home can make you & your family very sick. Similarly, if there was personal property (cardboard boxes, upholstered furniture, etc.) get it out of there, get it tested & cleaned.

So, these are my thoughts. Let me know if I can be of further assistance. I am taking tomorrow off but will be in the office on Monday. Have a good 4th.

The standard disclaimer: This answer is based on incomplete facts. Depending on the facts, my answer could be different. We do not have an attorney-client relationship at this time.

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Answered on 7/04/02, 3:01 pm


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