A lawsuit on behalf of an Austin, Texas homeowner whose property suffered water damage and flooding as a result of runoff from his neighbor’s property has been filed by the law firm of Heygood, Orr & Pearson. The lawsuit alleges that the plaintiffs’ neighbor diverted the flow of water through his property, causing damage to both their land and their home.
According to allegations by the plaintiffs, the defendant made several alterations to his Hays County, Texas property, including removing vegetation, filling in a retention pond, and spreading topsoil. These alterations diverted the natural flow of surface water through the defendant’s property and caused an overflow of water onto property owned by the plaintiffs and other nearby homeowners in violation of the Texas Water Code.
The lawsuit also alleges that the defendant committed common law trespass by diverting the natural flow of surface water through his property, causing flooding damages to the plaintiffs’ property.
The plaintiffs have requested that the court issue an order to require the defendant to immediately alter his property in order to stop the flow of water onto their land and to restore the natural flow of water to the way it was before the defendant’s original alterations were made. If the flooding caused by these alterations is allowed to continue, the plaintiffs argue that it will cause serious damage to their property.
The plaintiffs are asking the court to award them compensation for all damages to their property caused by the defendant’s violation of the Texas Water Code and other acts of negligence. The plaintiffs have also asked the court to award attorney fees and expert costs incurred during this litigation.
Water Damage to Your Property? You May Qualify to File a Lawsuit.
If your home or property has suffered water damage as a result of wrongful actions on the part of a neighbor, nearby business, or property owner, you may qualify to file a lawsuit and seek compensation.
The Texas Water Code contains specific rules regarding water damage to another person’s property caused by diverting or impounding water. According to the Water Code:
“No person may divert or impound the natural flow of surface waters in this state, or permit a diversion or impounding by him to continue, in a manner that damages the property of another by the overflow of the water diverted or impounded.”
“A person whose property is injured by an overflow of water caused by an unlawful diversion or impounding has remedies at law and in equity and may recover damages occasioned by the overflow.”
The cost of water damage restoration to a property that has been damaged by improperly diverted water can be enormous. In addition to surface damage to a home caused by flooding, excessive water can weaken the structure or foundation of a home or property, necessitating costly repairs. Excessive water may also cause mold growth in a building, which can be time consuming and expensing to eliminate.
The attorneys at Heygood, Orr & Pearson have handled hundreds of commercial litigation cases involving damages ranging from tens of thousands of dollars to tens of millions. Our attorneys have represented some of the largest corporations in the world as well as individual and small “mom and pop” businesses caught in a fight with a large corporation.
The first step in determining whether you may be eligible to file a lawsuit regarding a water damage claim is to speak with an experienced attorney regarding your case. For a free legal consultation about your legal rights, contact the lawyers at Heygood, Orr & Pearson by calling toll-free at 1-877-446-9001, or by following the link to our free case evaluation form.