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

UPDATED: Jul 5, 2009

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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


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 13 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.

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