Sewer backups caused by a blockage in the public sewer main are considered to be utility interruptions. The interruptions and the subsequent claims for damages to private property can be quite frustrating for residents. This frustration stems from a variety of sources including how uncommon it is for someone to experience a large backup, the extent of damage that can occur because of a backup, and the likelihood that the cause of the backup is due to a fault with the private plumbing or an act-of-nature. In an attempt to avoid some of these problems please be aware of the following:
The City is not automatically liable for resulting property damage or cleanup expenses. The City is only liable for damages if the backup was caused by the City’s negligence.
Many homeowner’s insurance policies specifically exclude damage resulting from sewer backups unless the homeowner requests this coverage. For additional information on sewer backup coverage, please contact your insurance provider.
Iowa courts have made it clear the City does not and cannot guarantee public sewers will never back up. Any resident or business that uses public sewers may discharge waste that could clog the system. For example, large amounts of grease from restaurants and disposable diapers are two common discharges that cause clogs. The City Code does prohibit these materials from being discharged into the public sewer, though without invasive enforcement there is no way the City can absolutely prevent these discharges from happening.
There are four basic questions the courts look at in deciding this issue. The City may be liable if the answer to all four of the following questions is “yes.”
- Was there a defect in the City’s sewer mainline?
- Did the City know, or should the City have known, about the defect?
- Did the City fail to correct the defect within a reasonable time after learning of it?
- Did that failure by the City cause damages?