Q: How can I legally address repeated sewage backup flooding my basement?
I own a property that is experiencing sewage backup, which floods my basement through the downstairs toilet. This issue has happened three times now, and I have filed two claims with my insurance company, resulting in them planning to drop my coverage. I had a plumber install a backflow preventer with a flapper, but it hasn’t stopped the problem. I've also contacted the city, but there's been no resolution. What legal actions can I take to address this ongoing issue and prevent it from happening again?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
- (916) 704-3009
- View Profile
- Answered
A:
That sounds like an exhausting and costly situation, and you're right to want to take legal steps. If the city is responsible for maintaining the sewer system and their negligence is contributing to the backups, you may have grounds to file a claim against the city for property damage. Illinois law allows homeowners to pursue compensation if they can show that the city failed to maintain its infrastructure properly and that this failure directly caused the damage to your property.
Start by documenting everything—photos of the flooding, dates of each incident, plumber reports, repair receipts, and all communication with the city. Then, file a formal complaint with the city or municipality again, but this time in writing and sent by certified mail. Make it clear that if the issue isn’t resolved, you may pursue legal action. If they continue to ignore the problem, you can consider filing a lawsuit in small claims or civil court, depending on the amount of damage.
You might also want to request access to city maintenance records to see if there’s a pattern of problems in your area. In the meantime, continue protecting your home the best you can—have your plumber reassess the backflow system, and keep insurance records in order. It’s not fair to bear the cost of a problem caused by poor public maintenance, and you do have rights to push back.
Justia Ask A Lawyer is a forum for consumers to get free answers to basic legal questions. Any information sent through Justia Ask A Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between Justia and you, or between any attorney who receives your information or responds to your questions and you, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask A Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises, or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
