Flood damage can lead to expensive repairs, lost property, and major disruptions. While some flooding is unavoidable due to natural disasters, not all water damage is out of a property owner’s control. When a flood could have been prevented, questions about legal responsibility often come up. In many cases, liability depends on how the damage occurred, who had control over the property, and whether someone failed to take reasonable steps to prevent the damage.
Property Owners Might Be Responsible
A property owner has a legal duty to keep their premises reasonably safe. If they knew—or should have known—about a condition that could lead to flooding and failed to fix it, they may be held responsible. For example, if a property has poor drainage or a known roof leak that goes unaddressed, and water damage follows, the owner may be liable for resulting losses.
Contractors Or Builders Can Be Held Accountable
Flooding may result from poor construction, faulty grading, or substandard installation of plumbing systems. In such cases, the builder or contractor responsible for the work might be liable if their actions contributed to the flood. If a newly built home floods because the contractor failed to install proper drainage or waterproofing, that could form the basis of a legal claim. The team at First Response Water Damage can attest that some of their repairs include flood damage caused by previous work done by contractors.
Government Entities Can Be Involved
In some cases, local or state governments may be responsible for maintaining public drainage systems, culverts, or roads. If a blocked storm drain causes water to back up into nearby homes, and the agency responsible failed to maintain the system, they could be held liable. These claims can be more difficult to pursue due to notice requirements and limited timeframes, but they are possible when negligence is involved. When dealing with damage caused by a government entity, working with an award-winning attorney can help with your claim.
Neighboring Property Owners Can Be Liable
If a neighbor’s actions cause water to flood your property, they might be legally responsible. Common examples include improper landscaping that redirects water flow, installing downspouts that drain directly onto another property, or neglecting a retaining wall or drainage feature. Liability often depends on whether the neighbor took reasonable steps to prevent foreseeable damage. Courts typically consider whether the changes to the land were substantial and whether they increased the risk of flooding.
When flood damage could have been prevented, it’s important to look at who had control over the situation and whether they failed to act reasonably. Property owners, contractors, government agencies, and even neighbors can be held liable depending on the cause. These parties might be held liable to pay for any flood damage repair services. However, proving liability isn’t always a straightforward process as it can require legal pressure and negotiations. Call an attorney today if you suspect that your losses were the result of someone else’s inaction or poor decisions.