DIYbanter - View Single Post - Can the repairs to the City Water Main Cause Burst Pipes through Water Hammer

dpb

wrote:
I currently have a small claims suit against the Water Company. Last
summer the water company was working on my street fixing leaks on the
water main. The water co claim they never interrupted service - I am
usually at work, so I can no say then did or did not. Less then 48
hours after the city's repair the water main leading from the meter to
my house burst causing us to have to dig up our drive way to get to the
pipe. According to the water company, they claim that we responsible
for the damage since it is on our property. I understand from the city
engineer that there are proper procedures for shuting down/turning on
water to protect residential plumbing, although I cannot find any
articles/documentation on this.
....
anyone provide me with info or point me in a direction that I could get
information that could support our theory in court? Also, if you have
an explaination of possibly causes, I am all ears.

Since you weren't there, how can you be "sure"? Sure, there's the
factor of near proximity in time, but how can you prove to the
satisfaction of a judge (even in small claims) that it is really their
fault when (since you're saying you're already in court) they haven't
been amenable to approaching them for at least cost-share, they're
going to show up and claim it is just that, a coincidence your line
failed when it did.

Best I can see would be if you can get some neighbors to be able to
swear the water was, in fact off, but unless you're not the only one w/
damage, I think it will still be very difficult to prove the case that
they were the proximate cause. Mabe you'll get lucky and get a lenient
judge who has some leeway to ajudicate shared blame, but I wouldn't
count on it.