Legal Question in Consumer Law in Texas

Consumer screwed by county

We had a new house built and a septic systerm installed. Th installer ran the septic system uphill resulting in a failed septic system which overflows everytime it rains, The county sanitation inspector was aware of the problem, We have an independent witness who told us that the county inspector knew that the system was improperly installed and commented to the witness ''I'll pass it if you will'' to which the witness replied ''There's no way in hell I'm going to pass this''. The inspected then said ''Well then, I'll pass it myself.'' We relied on the county inspector to make sure that the system was properly installed. What I want to know is do we have any legal recourse against the county and/or the inspector who fraudently approved this VERY SUBSTANDARD septic system? Also, the installer advised us that he was licensed, but he had borrowed someone elses license. The county inspector was also aware that the installer was not properly licensed. I feel that the county, the county inspector, and the installer are all complicit in fraudulent activity. PLEASE ADVISE.


Asked on 11/22/04, 7:51 pm

1 Answer from Attorneys
Peter Bradie Bradie, Bradie & Bradie

Re: Consumer screwed by county

You have a case against the installer, for what it's worth. You may have a case against the inspector, but you'll have a hard time with sovereign immunity and proving the inspector was in cahoots with the installer. The county will get out through sovereign immunity.

Unless the installer has insurance that'll cover the damages, chances are no attorney will mess with it since without insurance, collection would be much harder than getting the judgment in the first place.

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Answered on 11/23/04, 12:46 pm


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