Could I Sue My Town?

[MadBadger]

So apparently a bunch of people got calls from the township informing them of the need to boil our water after a power outage this weekend. We got nothing, and have been brushing our teeth, drinking some water on occasion since then. If I'm on my deathbed tomorrow (I hope not :scared: ) do I have grounds to sue my town?

[donco6]

1. They probably have governmental immunity.

You can always sue - the question is . . . can you WIN?

[chollybocker]

2. It may already be too late.

:hi:

[Lisa0825]

3. Was there a program to sign up for to get phone calls?

If so, did you? My town started an emergency notification program for phone, email and txt msgs, but we had to sign up and choose our options. No sign up, no notification. Otherwise, it would be up to us to watch/read/listen to news.

[Tunkamerica]

4. It may have been only a certain part of the town was affected.

also, as the previous poster noted, you usually have to sign up for the reverse 911 and other such programs. Some people would rather not be called. People with only cell phones or no phone at all didn't get called either. Should they sue? Should the town just not have called anyone to be fair?

[elleng]

5. town/township?

incorporated/unincorporated? May be one of those jurisdictional messes. What does the State say?

[jtuck004]

6. I was going to ask if you meant would your heirs have the right to sue...

but I won't.

Actually, with most incorporated towns you (or your heirs) have to approach them with a claim of actual loss and demand for payment. If that is denied, then you would sue. One would probably have to prove negligence, however, and that might be tough if they made good faith efforts to publicize it and/or if they do not own the power company. It can get murky, no pun intended, and expensive.

Be sure and seal up some samples of the water and date them, just in case. Unless the power outage is over.

As most water systems are chlorinated there is not much to worry about. The biggest concern is that with the lack of water pressure something could enter from a neighbor's system where there might be a cross-connection from, say, the sprinkler system where fertilizer might leak back in, or a broken pipe near a sewer. Even then, if there is chlorination, generally speaking there is not much to worry about.