Legal Question in Civil Litigation in Washington

County liable for damages?

Last week, during a severe rain storm, a nearby sewage lift station, operated by the county, failed and dumped into the stormwater, approximately 100,000 gallons of sewage onto my property and into the lower level of my home, resulting in complete loss of all contents and structural damage to my home. Is the county liable for damages since the lift station failed? I have many pictures to document contents.


Asked on 12/10/07, 4:36 pm

2 Answers from Attorneys

Elizabeth Powell ELizabeth Powell PS Inc

Re: County liable for damages?

It is critical to know what entity you are making a claim against. I can't tell if this is the County or a City or a Water District.

Making a claim against a government entity requires that you file a notice of claim. The notice of claim must be filed 60 days before you commence a lawsuit, and not 59 or 61, but 60, and if this gets screwed up your case will be dismissed. The statute of limitations on negligence claims is three years in WA.

But facts such as what you describe may not require you to file suit to recover.

What will make or break your case is documentation of exactly what happened and what you lost. You will need to inventory the contents, and value them - not at replacement or full cost, but at a reasonable value. The photos you have will make valuable evidence.

You will also need to retain an engineering expert to explain the structural damage, and to discuss how much it will cost to restore the place. You can ask the county to pay for the cost you bear to pay the engineer for his or her opinion.

If you own the house, you *may* want to contact your homeowner's insurance carrier about this.

Hope this helps. Elizabeth Powell

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Answered on 12/11/07, 10:36 pm
James J. White, attorney Law Offices of Smith & White, PLLC

Re: County liable for damages?

Generally speaking the one whose negligence results in damage to others in liable. Were the negligent in some fashion? If so, you may have a case. Then next question then becomes if the county is immune from suit. You'll definitely want to consult with an attorney. Where are you located? Contact me directly to follow up.

At your service,

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Answered on 12/11/07, 2:04 am


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