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  1. #21
    Join Date
    Oct 2016
    Posts
    3,149

    Default Re: Water Line on My Property Broken by City Worker. Who's Liable

    Quote Quoting budwad
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    You're missing the point. You don't just hand the city a bill and ask for reimbursement. Either the city fixes the problem at their expense using their workers or contractors or the property owner has to file a claim.
    What makes you think that A) Every city and town in the country or even in WI do things exactly the same way? My city's trash truck busted the concrete on my driveway a few years ago. First, they pushed back on paying for it. Then they said they fix it with they offered to fix it with asphalt. I said, no. I then called a concrete guy had it fixed the next day and then walked into the city attorney's office, had a chat and a day later was told to come down and pick up a check.

    And B) I know of nowhere that you are required to use the staff or contractor of the entity that did the damage to fix something.

  2. #22
    Join Date
    Nov 2013
    Posts
    6,338

    Default Re: Water Line on My Property Broken by City Worker. Who's Liable

    Quote Quoting PayrolGuy
    View Post
    What makes you think that A) Every city and town in the country or even in WI do things exactly the same way? .
    Because every state has a form of a torte claims law to protect the sovereign immunity of the state, the governments, and agencies of the state. And if they don't follow the statute, they can lose that immunity.

    Generally speaking, it is not the municipality or the agency that will decide to honor a claim. It is the insurance carrier that make the decision.

    Quote Quoting PayrolGuy
    View Post
    My city's trash truck busted the concrete on my driveway a few years ago. First, they pushed back on paying for it. Then they said they fix it with they offered to fix it with asphalt. I said, no. I then called a concrete guy had it fixed the next day and then walked into the city attorney's office, had a chat and a day later was told to come down and pick up a check..
    You were lucky that it worked out that way. But your city accepted liability by offering to repair it using asphalt because their driver was negligent by driving onto your driveway and caused the damage. Once they did that, they essentially accepted your form of a claim for damages. Had the city not accepted liability you would have gotten nothing.

    There was no acceptance of liability in the OP's case.

    Quote Quoting PayrolGuy
    View Post
    And B) I know of nowhere that you are required to use the staff or contractor of the entity that did the damage to fix something.
    Your putting word in my mouth and I did not say that there is a requirement to use employees or contractors of the entity to fix the problem. My statement related to receiving a bill for the work. If they fixed it in house the OP would likely not receive a bill if they accepted the liability for the broken pipe. Apparently, they didn't.

    Like your account of your driveway, my neighbor had a broken waterline on her property fixed by the water company at no cost because it was obvious that the municipality was responsible. When the municipality installed a new catch basin at the curb, the back of the basin was built up against her waterline. That was down stream of the curb shutoff valve. One winter the waterline froze and burst up against the masonry of the basin. Water started to run into the basin through the masonry. When the water company came to investigate, they took responsibility and repaired and relocated the waterline away from the basin. No demands were made and no claims were needed. So it happens when it is obvious that the municipality is at fault and employees can fix the problem.

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