Legal Question in Civil Litigation in Utah

Lawn sprinklers flooded neighbor's basement

I left my lawn sprinklers on for 6 hours. The neighbor's basement flooded and caused $1,000 damage. Our properties are separated by a vinyl fence so the sprinklers did not come into direct contact with the neighbor's property. The water seeped through a retaining wall that separates our properties. The neighbor had prior knowledge that his basement is prone to flooding. He failed to adjust his drainage to drain the water away from his house. He is suing for the cost of repairs. Am I liable? If so, do I have the right to help select the company that repairs the damage?


Asked on 9/22/04, 11:02 pm

1 Answer from Attorneys
Alvin Lundgren Alvin R. Lundgren, L.C.

Re: Lawn sprinklers flooded neighbor's basement

Utah law recognizes contributory negligence - meaning that the negligence of both parties is to be considered and pro rated. You should find out how much water was released in the 6 hours - in other words how much flooding did you cause? That is one element of the negligence. Next is whether a reasonable slope would have prevented damage for that amount of water. Also get information from the local municipality as to the amount of slope which they require for homes. If your neighbor has less slope, and if the proper slope would have prevented the flooding you should not have much liability. On the other hand, if your sprinklers put out a lot of water, you may be liable for some of the damages.

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Answered on 9/23/04, 10:39 am


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