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City Not Strictly Liable for Water Main Leak
Donald and Judith Snow built a home in 1985 in an Irmo, S.C., subdivision to which the City of Columbia provided water. In January 1987, they discovered water standing in their basement and bubbling from the ground near their water meter. A crew excavated where the city's main joined a lateral connecting pipe and found water flowing from a flange joint fastened by nuts and bolts. Tightening several loose bolts failed to stop the leak, but a sleeve placed over the joint stopped it. The city acknowledged that water from the line it owned and maintained intruded on the property. The Snows sued the city for property damage. The trial court found the city strictly liable for damage and trespass but not for negligence. A jury awarded $5,000 based on the trespass and strict liability claims. On appeal, the court agreed that the city had not exercised due care in the installation and maintenance of the main. The case was remanded for a new trial solely on the negligence claim.
City Not Strictly Liable for Water Main Leak
Donald and Judith Snow built a home in 1985 in an Irmo, S.C., subdivision to which the City of Columbia provided water. In January 1987, they discovered water standing in their basement and bubbling from the ground near their water meter. A crew excavated where the city's main joined a lateral connecting pipe and found water flowing from a flange joint fastened by nuts and bolts. Tightening several loose bolts failed to stop the leak, but a sleeve placed over the joint stopped it. The city acknowledged that water from the line it owned and maintained intruded on the property. The Snows sued the city for property damage. The trial court found the city strictly liable for damage and trespass but not for negligence. A jury awarded $5,000 based on the trespass and strict liability claims. On appeal, the court agreed that the city had not exercised due care in the installation and maintenance of the main. The case was remanded for a new trial solely on the negligence claim.
City Not Strictly Liable for Water Main Leak
Journal ‐ American Water Works Association ; 84 ; 14a-14
1992-06-01
1 pages
Article (Journal)
Electronic Resource
English
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