Advice

[washregal]

I have a major issue with a local borough. On February 12th of this year my local public works opened up a water line in front of my car wash. There were several lines the borough worked on. My line as well as two others.

The borough neglected to reinstate the water for my line. This froze up my facility - in fact they didnt turn it back on again for another 13 days. My water main coming into my equipment room cracked and had to be replaced - we are in the process of fixing hoses / pumps and belts to get back up and running. I would say another week to week and a half before I am fully restored.

I reported this to my insurance as well as the boroughs. The borough insurance is telling me they have government immunity and are not liabal for my business losses. I am in a bad spot with this. What higher level can I take this to -

I am only looking to be made whole in this mess - of course it is in the middle of salted cars - my last 3 years average with this particular wash I estimate being out about 10K of lost revenue. Any thoughts on this issue would be appreciated.

 

[MudMoney]

Don't mess around with trying to get them to admit it was their fault. Just go hire a lawyer,if you feel that strongly about it.My lawyer has always advised me sue for over $ 50,000 to make it worth while.

 

[rph9168]

I also think you need a lawyer. No city is has immunity when damages are the result of their actions or negligence. Were you notified of what they planned to do before they did it? I think you may also be able to claim loss of revenue as well if this was the case. In any event I would stop talking to them and seek legal advice.

 

[Earl Weiss]

I also think you need a lawyer. No city is has immunity when damages are the result of their actions or negligence. ...............

That is not correct.

>>>Governmental Tort Immunity

.................. As an example, a private citizen who is injured by another private citizen who runs a red light generally may sue the other driver for Negligence. But under a strict sovereign immunity doctrine, a private citizen who is injured by a city employee driving a city bus has no Cause of Action against the city unless the city, by ordinance, specifically allows such a suit.

Governmental tort immunity is codified at the federal level by the Federal Tort Claims Act (28 U.S.C.A. § 1291 [1946]), and most states and local governments have similar statutes. Courts and legislatures in many states have greatly restricted, and in some cases have abolished, the doctrine of governmental tort immunity<<<



However, claims can sometimes still succeed if you show a higher level of misfeasance than negligence i.e. "Wilfull and Wanton".
Practical isue will be if you can ovoid the immunity issue and not incur fees that are not recoverable by statute which would eat up any award.

Free legal advice is worth what you pay for it.

 

[robert roman]

“The borough neglected to reinstate the water for my line. This froze up my facility - in fact they didnt turn it back on again for another 13 days.”

This is the part that puzzles me.

What do you mean by “opening up” a water line and why was water shut off for 13-days?

 

[mac]

If there is government immunity for stupidity and other things, how come I keep hearing about people suing the police?

 

[cap732000]

Hey wash I seen your post earlier and actually was on my way to my lawyer concerning some land I just threw that scenario at him kinda curious if something like that ever happened to me and not critizing or saying but he kinda played devils advocate where he could see a instance where a court could limit damages I dont remember the term he used but saying well you should have blown everything out and they may not hold them responsible for all damages I guess somewhat try to blame you for part of it. But opinions are like we'll you know. He said as far as holding the government accountable does vary state to state. Only reason I even posted it was just another angle for you to think about. Unfortunately I can see a scenario working out like that in my town. Hell everytime they shut a road or do maintenance they don't give any notice I show up and am closed!

 

[rph9168]

When I was a GM of a wash chain in Arizona we had a problem with the city with a long term road construction project. Essentially they shut one of our washes down for 2+ weeks after they assured us that would never happen. They said it was an oversight by the contractor. When we had our lawyer call them they reimbursed us for lost business and made sure there was no more interruptions to our business. If they had immunity of any sort I doubt they would have done that. I was also involved in public school administration in Arizona back in the 70's and I remember when someone sued a neighboring school district regarding an accident with their child. The district settled. I remember our lawyer saying that there was no such thing as immunity against a governmental agency but there were limits on how much damage can be recovered. Since then I believe there have be many challenges to governmental immunity that have all but eliminated it. I agree that it probably does vary from state to state but I also doubt there is total immunity anywhere.

 

[Waxman]

Why would you believe the insurance company of the city? every business owner should have a good lawyer available to them at all times.

my lawyer has had personal success suing a city before. not for me, but for another client.

i would not believe what an insurance company says, esp. the city's company.