Legal Question in Civil Litigation in Texas
Damage to my grandmother's home
My grandmother's house was damaged by some construction (addition to an existing building) taking place at a public elementary school next door to her house.
When construction started (Aug 2002), a backhoe was brought in to remove some concrete. The vibration shook her house so bad that her front porch almost collapsed and most of her doors would not close. They finally admitted that they caused it and poured her a new porch and planed her doors, but did nothing to correct the settling.
When the outside of the construction was complete (Jun 2003), a rainstorm came. Most of the water from the new building drained into her back yard, getting several inches of water under her house (peer and beam). More settling.
Attorneys would not help and told her to file with her insurance. She did. The adjuster agreed that the school caused the damage. An estimate of $13k was given for re-leveling the house. Rather than paying the claim, they CANCELLED her policy and refunded the balance of her premium, citing the risk factor posed by the school.
The school wants to buy her property now. I�m encouraging her to seek legal advice again but given her health, wanted to make sure I�m doing the right thing by doing so.
2 Answers from Attorneys
Re: Damage to my grandmother's home
Your grandmother should definitely seek legal advice. The problem is even more complex if it's a public school, since that's a part of the government of Texas and so immune from certain legal actions.
The construction, apparently, changed the natural drainage so your grandmother's property has water diverted upon it. That is impermissible and may be actionable against the school.
Re: Damage to my grandmother's home
If the party that caused the damage is an independent contractor, then you are not faced with the problems of governmental immunity which is available to schools. Unlike cities, counties, and the state, the school is immune from liability under the Texas Tort Claims Act, except for vehicle accidents.
I do not see how her insurance carrier can escape liability on the basis that they have given, unless the policy was taken out after construction was commenced or there was a material misrepresentation on the policy. When going after your own insurance carrier (other than someone else's insurance), you will be allowed to recover attorneys' fees.
If the school has offered to purchase the property at a fair price, that is the best economic solution to everything.
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