What can we do about our camper getting flooded at a commercial campground?

Get Legal Help Today

 Secured with SHA-256 Encryption

What can we do about our camper getting flooded at a commercial campground?

We were at a campground in TN. When we got there we was talking to the owner about get campground flooding he said it only happens in the spring but not now. He also told us that if we see his headlights coming at night that we would need to leave because water was coming. Well needless to say our camper got flooded and is a total loss. I just want to know if there is some law that would hold them responsible for our property damage. Also we did not sign any consent forms of any kind. THANKS!

Asked on July 5, 2009 under Business Law, Tennessee

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

If the owner knew a flood was coming or was negligent in flood prevention, you could probably sue. However, just because he thought that floods usually happen in the spring does not mean he was negligent or fraudulent in not warning you to get out ahead of time--by their very nature, floods are unpredictable. Given that unpredictability, it's unlikely you'd prevail on a claim--if you camp in a campground, especially one where you're told it could flood some times, you are assuming some risks, such as that of property damage from flood. That's not to say you couldn't bring a claim and win, but claims are always harder when you are engaging in an activity that has its own risks, especially if you can't show fraud or negligence on the property owner's part.

Your insurance is the best place to look for compensation in a situation like this.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption