Legal Question in Real Estate Law in Pennsylvania

Burst Swimming Pool

A neighbors swimming pool burst, flooding my yard, and all but demolishing my garage. My insurance company came out to survey but theirs has yet to show up. My insurance company says they may not be able to collect anything because it may be an ''act of God''. There was not even a rainstorm that day, so it is definitely not related to weather. How soon are they required to come out, and if they claim ''act of God'', what grounds do I have to sue them for my cleanup and property damage? Any links to cases with precedence would be appreciated.


Asked on 5/21/07, 2:55 pm

3 Answers from Attorneys
Glenn Brown Real World Law, P.C.

Re: Burst Swimming Pool

If your insurance company does not cover your loss then you may want to consult a local attorney.

There may be negligence and/or products liability claims to be pursued against your neighbor and/or the pool company.

Good luck to you.

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Answered on 5/21/07, 3:15 pm
John Gibson John W. Gibson, Esquire

Re: Burst Swimming Pool

It seems to me that this is an artificial condition of the adjoining property owner and that their liability is pretty clearcut whatever the cause. If you were in my County I'd be willing to take the case on a contingency fee basis.

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Answered on 5/21/07, 3:36 pm
John Davidson Law Office of John A. Davidson

Re: Burst Swimming Pool

An act of God? I don't think so. As previously stated its possibly a products liability case.

If you have any questions feel free to give me a call, the initial consultation is free.

{John}

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Answered on 5/21/07, 4:23 pm


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