Can you sue for damages when a company damns up a creek and your house floods.

The county contracted for a
bridge to be built a short
distance from my home, they
damned up the creek behind our
home and our home was flooded.
Now we are having to stay with
friends and family or hotels.
Which now our homeowners
insurance won’t cover the
damage. What can I do?

Asked on August 24, 2016 under Real Estate Law, Georgia

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Yes, you can potentially sue if the flooding was due to their negligence, or carelessness--not properly planning or executing, so as to avoid damage to nearby property--or worse, was their intentional act--that is, they knew other property would be flooded, but didn't care. When someone damages your property either negligently or intentionally, they become liable for the cost of the damage. Note, however, that you will require one or more expert witnesses to prove your case--to prove that the flooding was the result of carelss or wrongful actions. (Some sort of civil engineer, hydrodynamics expert, etc. would be required.) As a practical matter, because this sort of case is complex, you will also need an attorney. Therefore, in deciding whether to sue, you have to factor in that you'll have to pay the cost of an expert witness or two, plus an attorney, which costs you generally cannot recover from the other side (i.e. you'll have to bear these costs yourself).


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