Given the aging infrastructure in Maryland, water pipe bursts like these are occurring more often. And they can cause major headaches. Besides disrupting traffic, they often damage nearby property and interrupt business operations.
So who foots the bill when a burst water pipe damages your property?
It’s every homeowner’s nightmare. A water pipe bursts. A sinkhole appears. And it could take anywhere from days to weeks before the pipe is replaced.
If you’re a Maryland resident and not on well water, chances are your water is provided by either Baltimore City or the Washington Suburban Sanitary Commission (WSSC). You might understandably think that because a municipality or utility owns and manages the pipes, it would be liable for damage claims caused by the failure of their facilities, however, recently the Maryland Court of Special Appeals[1] has made it harder to submit claims against a water utility than in the past. Before awarding any damages for a burst water pipe, courts have always required a party to show the utility had notice, or knew, of a problem with its pipe. But now the courts have clarified the point, essentially stating that there must be a specific problem in a specific pipe. Showing notice that there were general leaks in the area or ancient pipes will not do.
Despite how hard it can be to submit a claim against a water utility, it can be done.
How to submit a property damage claim
To be compensated for property damage from a water works pipe burst, you should first document the damage. Next, give official notice of the claim to the mayor and city council or your water supplier. You give official notice by simply sending written notice to the water utility that you have a claim for water damage. If you don’t take this step, a court may dismiss any subsequent lawsuit against the water works. Giving notice is critical if you ever decide to file a lawsuit.
Liability for burst water pipe
In order for your utility to be liable, which means it owes you for damage suffered, you must show that it had actual or constructive notice that there was a problem with the pipe that burst. Actual notice involves showing that your water utility had specific information the pipe was bad or likely to fail. You can get this evidence by obtaining a repair history from the utility and internal documents noting the pipe had a problem that needed to be addressed. Constructive notice involves providing proof the utility should have known the pipe was failing. One could show constructive notice with a customer complaint history or even company pressure readings showing a loss of pressure in a certain area.
This is the hardest part of making a case. More often than not, the utility will deny it knew about the problem. It is not enough to mention a general problem with leaks or that the pipes are more than 100 years old. The courts have stated that a person must show that the utility knew or should have known that the specific pipe in that specific area was going to fail.
You can show the utility had notice of, or knew about, the failing pipe by asking the utility itself, checking local news for stories about pipes bursting in the area of damage, and researching to see if the utility conducted any excavations to repair the pipe.
Barring a voluntary payment by the water utility for damage to property, in Maryland, making a successful claim for damages against a utility as result of a burst pipe is difficult, but not impossible. Ironically, water utilities recognize the problems posed by their aging pipes and that they need to be replaced, but the law doesn’t demand the utilities pay for failure to replace equipment that led to damages. Nor does the law demand a review of the utility’s buried plant. You must show the utility knew or should have known the pipe was going to fail or you risk bursting your expectations of getting compensated for property damage.
Anderson & Quinn, LLC is a law firm based in Rockville, Maryland, providing individuals, businesses, corporations, and healthcare institutions with the legal and litigation support they need. Mr. Wright is an associate at Anderson & Quinn, LLC, 25 Wood Lane, Rockville, MD, 20850. Tel: 301-762-3303. Email: pwright@andersonquinn.com.
[1] Colbert v. Mayor & City Council of Baltimore, 235 Md. App. 581 (2018)
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