Sewage has flooded my house!

[Bill_Pine]

Hello all, I'm in a bit of a pickle here at the mo!

 

Couple of days back I called up my water company at around 6.50pm because the manhole cover outside my house was overflowing with effluent and the water level in my downstairs toilet was very slowly rising, the operator said this would be a "4 hour call-out" which in retrospect seems quite odd seeing as this estate has kids playing about everywhere and the health implications don't bear thinking about. Anyhow at the time I thought nothing more about it and got handy with the bleach to try and sort my toilet out. Not long after I settled down for the night with a drink, around an hour and a half I heard this huge POP and the house shook, thinking it was a car I dashed out to see what the problem was... noticing nothing out the ordinary I came back into the house to be greeted with the toilet spewing out raw sewage at a fair old rate, the pressure was so that the initial pop blew sewage into the celling of the toilet and took my toilet seat off in the process!

 

After 2 more calls to the WB the contractors finally arrived by this time the time was 10.15pm and the house was wrecked, they unblocked the sewer and done a general clean up. Tuesday morning arrived and a WB official visited to assess the damage, at the time I told her that there had been a 4 day laps in my insurance and that my insurance company didn't want to know - fair enough. She assured me that the WB's insurance would pay for all the damage and foot the cost of the contents and that I should quote " take pictures of all contaminated goods and throw them out" which I did, some Irish guys came around and took pretty much everything (saving me the hassle) Then on Wednesday my sister took a call from them when they told her that the insurance WONT pay because the problem was caused by a 3rd party and they were not liable (Allegedly the blockage was caused by cooking oil and baby wipes)

 

So people, I find myself in a right old pickle! I'm probably living in a house that's not fit for habitation and nobody seems to want to help. What the hell can I do?

 

Please help

 

Just to give some idea of the damage http://i35.tinypic.com/6p48r5.jpg http://i33.tinypic.com/2ed0fh4.jpg

[Guest wino]

Hi Bill

I remember this happening to me many, many years ago. The utility company said it was the fault of a neighbour who had put disposable nappies down the drain. The utilities company jetted the drains but said they were not responsible for any mess inside our house. So we had to pay out for new carpets and clean raw sewage up ourselves.

 

Years later someone I worked with told me that the same thing had happened to her and she wouldn't take No for an answer. She insisted the utility company was responsible for the damage to her house and should pay up then claim back of the guilty parties insurance Surprise, surprise they paid up

[hightail]

Of course they're liable. They are responsible for keeping their drains clear and you had already told them of the problem. They may be entitled to claim in turn from the person who caused the blockage but that's not your concern.

 

They will try everything, every excuse but don't give up.

[Annoying Twit]

This is the kind of problem I look at, and think that there must be case history of this sort of thing. People will have sued the water companies due to sewage entering their home. And these cases may give the best indication of who can claim what from who of anything.

 

I've read that a big difference nowdays compared to the past is that the internet has opened up information that only a lawyer would have had, to the public. People can, I've read, look up past cases electronically.

 

The obvious exception to this is, as has been mentioned in other cases, if the companies cave in before the case goes to court to avoid creating precedents. In which case, I'd guess that less of a trail is left. Is this correct?

 

I did a google search on various terms such as "sewage" "sued water company", but can't find anything.

 

For both this question and many others, how do you go about searching through past legal verdicts? Where can you find the information?

 

It's useful to know what happened to someone or other. Particularly if the water companies are avoiding verdicts by caving in. But in a case like this, if we could go off and then post links to various past legal verdicts, it would IMHO help considerably.

[WelshMam2009]

Of course they're liable. They are responsible for keeping their drains clear and you had already told them of the problem.

 

You'd be surprised!!

 

I think it would depend upon whether or not a reasonable system of inspection and maintenance could be proven. Think of the expression "where there's blame there's a claim"...there has to be an element of negligence. Loss on it's own is insufficient as I understand it.

 

Nonetheless, I would not be taking no for an answer as they are just fobbing you off Bill.

 

Think about a rear ended shunt involving 3 cars...the front driver claims off the middle driver who in turn claims off the rear (last) driver.

 

Your first port of call is the sewerage company and if they then want to claim their losses off someone else then so be it.

 

Four hours appears to be a standard response time. With the danger of internal flooding, this call out should have been elevated to a much higher status and priority given.

 

I would refute their statement, advise them that you consider them liable for the damage and also ask for details of the call outs at that time and how each was prioritised....this may be where the negligence comes in.

 

Best of luck

[hightail]

this call out should have been elevated to a much higher status and priority given.

 

I think this is the important point. Somebody at the end of a phone gave this call a low priority. As a direct result there was damage which could have been avoided and was/is probably hazardous to health.

[Bill_Pine]

Guys, can I just add there seems to be a discrepancy over the first call. When the contractors finally turned up they told my sister that they never received the first calls from the WB, allegedly they only had 2 calls to inform them of the problem, the second call from me saying my kitchen is swimming in 3" of pooh get someone out and the call from my sis, so effectively its was more than 2 hours before the contractors knew about the problem, well that is if the contractors ain't covering their own back for the delay getting here?

 

Anyway, we will plod on. I'm not giving up!

 

Thanks to you all for the advise so far, much appreciated!

[hightail]

I think water companies can claim they are not liable IF damage caused is due to a third party and it's been caused BEFORE they are made aware of a problem. Once they are aware of a blockage in the sewage system then it's their problem. To suggest otherwise is nonsensical as all blockages are caused by third party actions.

[Bill_Pine]

Does anyone know how I would gain access to the contractors damage report, would I use Freedom Of Information Act or Data Protection Act, would I contact the contractors or the water-board?

 

Personally I think it would be beneficial to have that to hand... another string to my bow.... maybe?

 

Thanks all

[buzby]

No - FoI is not appropriate, and as they are not your contractors, you're not entitled to it. However, what has been overlooked here is you had Insurance cover and chose not to renew, it is THIS that is your orimary problem.

 

The WB are able to avoid much of the flack as long as the problem was not forseeable - as you said, the initial problem did not appear to be serious but they cannot be held liable for what it turned into, when they did arrange a call-out they did what was required and cleared the issue to allow the drains to get back to their normal functions.

 

It remains YOUR responsibility to insure your property. If you phone line was hit by a bolt of lightning and your house burn't down. BT would not be responsible for the rebuilding costs, that stays with you. To succeed with court action you would have to prove that they had been negligent, and from what has been siad so far, that cannot be attributed to them.

[pompeyfaith]

So you are saying if my neighbours put nappy's and cooking oil down the sewer and it flooded my house its my fault that don't sound right to me he at least has a claim against who ever caused the flood.

[labrat]

just a idea but if you can prove its the neighbour claim off the neighbour

[WelshMam2009]

I think you may be able to secure disclose via the CPR (Civil Procedure Rules) route but I'm honestly not sure how you go about this.

 

Freedom of Information only covers prescribed public sector bodies and I don't believe that privatised utilities fall into this category.

 

You could try a SAR but this relates to information about an individual and not a property. It may show up the details and time of your call but not necessarily any information beyond this point.

 

I would be inclined to write to them and advise you consider them liable due to their negligence. State that the contractors told you that the first call wasn't passed to them and that a standard 4 hour response time was inappropriate for a property at risk of internal flooding.

 

Conclude by advising them that you are fully prepared to pursue this through the small claims court but naturally are seeking an amicable settlement prior to adopting this route.

Edited October 2, 2009 by WelshMam2009

[hightail]

To succeed with court action you would have to prove that they had been negligent, and from what has been siad so far, that cannot be attributed to them.

 

That's only opinion. I've been there with a case against a County Council and if I'd believed a. the council officers and b. all the people who believe you can't fight City Hall I'd be a darn sight worse off now. Believe me, all sorts of people could quote all sorts of rubbish about why they weren't liable. My case was in negligence, their insurers also didn't want to know and the council ended up paying out around half a million pounds because I wouldn't give up.

 

What have you got to lose? Gather as much evidence as you can and then take it to a good solicitor. If they believe you have a case they will take it on a conditional fee arrangement.

[Raspberry Beret]

Nothing useful to add other than to wish you luck getting this situation sorted. Not nice at all.

[buzby]

just a idea but if you can prove its the neighbour claim off the neighbour

 

This is the point. The neighbour - if it can be PROVED they were the cause of the problem, then they become liable, and properly will pass the matter to their insurers to deal with.

 

What would happen if YOU were insured, is that your insurer was pay your claim, and seek recovery from the neighbour's insurers - ir in absence of that, them directly. If it happened the other way around (you causing the block) it would be unreasonable to expect that would be the last you would hear of it. BUT if the Water Company cannot provide proof of the culprit or property causing the problem - as is often the case - you cannot hold anyone accountable, which is why not having insurance is a risky business (pun intended).