Legal Question in Federal Tort Claims in Texas

Damaged caused to property by city water pipe

Can a city claim immunity under the Texas Tort Claims Act, for damage caused to real property by a leak in a city pipe? The water caused my inground pool to drop a quater of an inch, causing a gap between the deck and the beam of the pool. We had just finished fixing the pool, 2 months prior, and had completely replaced the deck and had the pool replastered and new tile installed.

Asked on 3/03/05, 7:13 pm

1 Answer from Attorneys

Charles White Charles G. White

Re: Damaged caused to property by city water pipe

Before getting to your question about municipal liability, I think you first should consider a more basic problem. If your pool was constructed in manner to tolorate only a 1/4" difference in water level, perhaps you have a problem with the pool contractor.

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Answered on 3/03/05, 9:38 pm

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