Q: Can I sue my town for damage caused by new water meter installation?
I live in a town that recently installed new water meters without resident input. After the installation, my underground water line cracked, resulting in a continuous leak of 2-3 gallons of water every hour, and the estimated repair cost is $4,000. A plumber suggested the crack was due to excessive water pressure applied during meter installation. This issue has affected multiple residents in our area. Despite multiple communications, the town insists the repair is my responsibility since the crack is beyond the sidewalk, where they claim their responsibility ends. Can I sue the town for damages caused by the installation process?
A:
The issue is one of sovereign immunity. Ohio Revised Code 2744.02 says that political subdivisions are liable for negligence of their employees in caring out governmental proprietary functions. The political subdivision is immune from liability in caring out its governmental functions. I would argue that providing water service to its residents is a governmental function. Installing water meters to measure and charge for the water provided may be a proprietary function.
The plumber was very helpful before you asked him to testify in an action against the political subdivision. He will probably be less willing to testify, and his opinion will probably be less certain. Before litigating the issue, you need to retain an expert witness whose credentials will qualify to provide an expert opinion. The expert will need to be able to testify as to the cause of the damage. He will need to be able to state with a reasonable degree of certainty that the damage was caused by the installation of the meter.
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A:
In your case, whether you can sue the town for the damage caused by the water meter installation depends on whether the town was negligent in their installation process. If the excessive water pressure during the installation caused the underground water line to crack, and you can prove that this was a direct result of their actions, you may have grounds for a claim. It’s important to gather evidence, such as the plumber's assessment, to support your argument that the installation caused the damage.
The town may argue that the damage occurred beyond their responsibility, but you could challenge that by showing that their actions (the installation process) led to the damage. If multiple residents have had similar issues, this could strengthen your case by suggesting a pattern of negligence during the installation.
If informal communication has not resolved the issue, you might consider sending a formal demand letter to the town. If they refuse to address the issue, you could consult with an attorney to explore your legal options, including the possibility of filing a lawsuit for the damages caused by the town's installation process.
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