A Question for legal minds

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Sir_Galahad
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A Question for legal minds

#1 Post by Sir_Galahad » Tue Feb 10, 2009 8:58 am

As I had reported yesterday we had a little problem with the sewer backing up in our basement. I have been in touch with our insurance company and they will be taking care of all damages which exceed our deductible amount. Question is, can I go after the city for compensation to cover the deductible amount since the problem was in the city's sewer?
"All that is necessary for the triumph of evil is that good men do nothing" - Edmund Burke

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TheCalvinator24
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Re: A Question for legal minds

#2 Post by TheCalvinator24 » Tue Feb 10, 2009 9:02 am

Doubtful.

Sovereign Immunity is strong. Essentially, you can only recover from a governmental entity if it has waived its immunity.

If you could find out who it was flushing the wipes, you would have a better case against that person. If you can positively identify the culprit, you could try filing a claim on that person's homeowner's insurance.
It is our choices that show what we truly are, far more than our abilities. —Albus Dumbledore

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peacock2121
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Re: A Question for legal minds

#3 Post by peacock2121 » Tue Feb 10, 2009 9:05 am

TheCalvinator24 wrote:Doubtful.

Sovereign Immunity is strong. Essentially, you can only recover from a governmental entity if it has waived its immunity.

If you could find out who it was flushing the wipes, you would have a better case against that person. If you can positively identify the culprit, you could try filing a claim on that person's homeowner's insurance.
Time for CSI and DNA tests on the poop on the wipes.

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SportsFan68
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Re: A Question for legal minds

#4 Post by SportsFan68 » Tue Feb 10, 2009 11:13 am

Sir_Galahad wrote:As I had reported yesterday we had a little problem with the sewer backing up in our basement. I have been in touch with our insurance company and they will be taking care of all damages which exceed our deductible amount. Question is, can I go after the city for compensation to cover the deductible amount since the problem was in the city's sewer?
Not here in Podunkville. The City would have removed the offending substances but not paid for any additional damages.
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sunflower
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Re: A Question for legal minds

#5 Post by sunflower » Tue Feb 10, 2009 11:17 am

My advice is, it's worth a phone call. You never know, get the right person and you might get it covered, especially if you're only asking for your deductible and can prove the damage.

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Sir_Galahad
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Re: A Question for legal minds

#6 Post by Sir_Galahad » Tue Feb 10, 2009 3:14 pm

TheCalvinator24 wrote:Doubtful.

Sovereign Immunity is strong. Essentially, you can only recover from a governmental entity if it has waived its immunity.

If you could find out who it was flushing the wipes, you would have a better case against that person. If you can positively identify the culprit, you could try filing a claim on that person's homeowner's insurance.
The funny thing is, I had decided to call The City and just ask how I go about filing a claim against the city for damages. I was expecting to have to put up a fight. But, the lady I spoke to was very pleasant and said "just come down to City Hall and pick up a claim form." So I did. We'll file it and see where it goes from there. <LOL>
"All that is necessary for the triumph of evil is that good men do nothing" - Edmund Burke

Perhaps the Hokey Pokey IS what it's all about...

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