The aftermath of Hurricane Irene in 2011 has given rise to a substantial increase in the number of lawsuits seeking to hold municipalities liable for property damage caused by flooding. In many cases the doctrine of sovereign immunity and the fact that flooding usually occurs after a supervening event outside of the municipality’s control (such as a hurricane) may bar the plaintiff from recovery. This article explores the viability of the claims and defenses characteristic of cases brought against municipalities seeking to recover damages caused by flooding.
Sewer Systems
In determining what types of negligence claims are available relating to damages caused by municipal sewer systems, New York courts distinguish between claims based on the design of the sewer system and accidents stemming from negligent maintenance or construction of the sewer system.
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