Sewer Backups - is the city liable?

Citizens who find themselves with a backed up sewer often turn to the municipal sewer department for help cleaning up the mess.  The fact is, unless the entity has failed to properly maintain sewer lines, the homeowner is actually responsible for this dilemma.

Most backups are caused by negligence on the homeowner's part, and losses should be their responsibility.  In no circumstance is it wise for an entity to pay for a small loss out of good will.  This will only lead to more problems and bad publicity when the entity refuses to pay for a larger loss.

To avoid legal obligation, municipalities need to establish a written set of policies and procedures for cleaning and maintaining sewers.  These policies need to be carried out on a regular basis and recorded to minimize potential legal obligation.

It is also a good idea to educate the community on ways to prevent sewer backups and to remind citizens that they can add sewer backup coverage to their homeowner's policy, which is fairly inexpensive.  Cities can help avoid these messy situations through education for the public and proper maintenance on their part.

Information for this article was provided by ICAP, the Iowa Communities Assurance Pool.