Legal Question in Real Estate Law in Rhode Island

case against the city

I had the sewer line in my driveway excavated and replaced a

couple of months ago.In the course of doing this, it was

discovered that the part of the line that runs from my

property to the center of the road was cut and repaired. I soon learned that the city had hired a contractor some 20 years ago to replace the main waste line on the street and

had broken every property,s waste line into the street. Instead of replacing the line, they decided to cut corners and

patch them. According to the company who did my work, settling

cased the repair to fail and tree roots to the enter into

the waste line on my property causing the damage. Such damage is not sudden and accidental, but rather has been gradually occurring a period of time.

My insurance will not cover this damage because no

harm was done to the house.

Do you thing it is worth going after the city for

my damages? I'm out 8800 dollars as a result of the work done.

I would greatly appreciate some help with this matter.


Asked on 7/02/03, 2:59 pm

1 Answer from Attorneys

Jules D'Alessandro D'Alessandro & Wright

Re: case against the city

It certainly may be worth looking into. Depending on which town it is will determine how quickly they would settle if at all. The time period concerns me as well as the "public duty doctrine" which may preclude any cause of action against he city.

I will need more information to form an opinion, please feel free to contact my office.

Jules D'Alessandro

D�Alessandro Law Associates

1515 Smith Street

No. Providence, RI 02911

Tel: (401) 353-0440

Fax: (401) 353-0344

E-Mail: [email protected]

Web: www.dlawinc.com

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Answered on 7/02/03, 4:14 pm


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