Can I sue plumber for flood damages and repair costs due to an error on his part?

UPDATED: Sep 30, 2022

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Can I sue plumber for flood damages and repair costs due to an error on his part?

During the end of my 203k renovation, the village required the plumbers to take up the concrete in the laundry room and connect the laundry drain to the pipe leading to the sump pump. Ever since they did that, my basement floods every time it rains because water comes up from the floor drain in my basement bedroom. I have had 3 different plumbers come out and tell me that the bedroom floor drain used to be connected to the pipe leading to the sump pump and the previous plumbers never reconnected it. I called the previous plumber and he came and reopened the concrete on a section of the floor that is not even related to where he made the error and is saying it’s not his problem. So my basement is not livable, he cut and lefta 3 foot deephole in my laundry room floor that is a safety hazard, and he will not return my calls. The general contractor doesn’t seem to want anything to do with it either. I am obviously going to have to have someone come out and fix this because I can’t keep letting my basement every time it rains, however is there something that I can do about collecting the cost for all the damages from the flood and the cost to fix the issue or am I just out of luck? I had a homeowner/contractor agreement also, it was required by the bank.

Asked on April 18, 2017 under Business Law, Illinois


S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

You can sue the plumber for negligence. 
Negligence is the failure to exercise due care (that degree of care that a reasonable plumber would have exercised under the same or similar circumstances to prevent foreseeable harm).
The plumber is liable for the damage to your house and repair costs caused by his negligence.

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