A NOTE ON SEWER BACK-UPS FROM THE KENTUCKY LEAGUE OF CITIES:
“Sewer back-ups are a problem facing every city’s residents. Claims for damages to people’s homes caused by sewer back-ups probably lead to more misunderstandings and hard feelings than any other single kind of claim. It might be possible to avoid some of these problems if homeowners are made aware of three basic points regarding sewer back-ups and the resulting damage.
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The city is not automatically liable for resulting damages when a sewer back-up occurs. The city is liable for those damages only if the back-up was caused by the city’s negligence. Virtually all commercial insurance policies covering city governments do not automatically cover sewer back-up claims.
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Many homeowners’ insurance policies exclude damage resulting from sewer back-ups. Thus, homeowners often end up looking to the city to pay their damages when their own homeowner’s insurance denies the claim.
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Some homeowner’s insurance companies do provide sewer back-up coverage. Therefore, it is possible for homeowners to protect against this risk.
Kentucky courts have made it clear that the city does not and cannot guarantee that its sewers will never back up. A sewer system is not a closed system. Any resident or business that is hooked up to it dumps waste in it. Some of the things dumped into the sewer system can clog the system. Large amounts of grease from restaurants and disposable diapers are common items that cause problems. While cities can adopt rules prohibiting dumping these or other items into the sewer and can try to educate the public about the problems they cause, there is really no way the city can absolutely prevent this from happening. Other factors can cause back-ups as well. Tree roots can grow into and obstruct the lines or extraordinary amounts of rainfall can infiltrate the system and overload it. The courts have made it clear that the city is liable for sewer back-up damages, if and only if, the city’s negligence caused the damages.”
Source: Volume 1, Number 1. Kentucky Municipal Risk Management Association, Kentucky League of Cities, 2201 Regency Road, Suite 100, Lexington, KY 40503.
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