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Storm and flood damage - is anyone liable?

4/1/2021

 
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Flooding earlier this week across West and Middle Tennessee left thousands adversely affected, hundreds with property damage, and at least 7 who lost their lives.

In most cases, storms and flooding either fall into the category of an 'act of God'...or landlords, government entities, and insurance companies claim that's the case....but that's not always true.

Of course, each case is unique, but in some cases someone simply was negligent in performing their job or planning for scenarios that resulted in innocent parties affected; dealing with property damage, illness, or even death.  In those cases, legal representation is almost always necessary in order to get to the truth.

Flooding and sewage backup:
If your home, apartment, or business suffered flood damage, and in your estimation the flooding stems from poor civil engineering, poorly maintained drainage issues, or other potentially liable actions, you are within your rights to pursue legal action for your losses.  Sewage backup problems, a serious threat to health, may also be actionable. 

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​Fallen trees:
If you have a homeowner's storm damage claim that has been denied, that doesn't mean you're wrong. Legal recourse may be available. Oftentimes in instances involving tree damage, the dispute occurs over whose property the tree was on...for example, if your neighbor's tree falls into your yard; typically that falls under your policy, even though it's not your tree. However, legal action may be considered if you had asked your neighbor multiple times to trim back an obviously dangerous tree overhang.

Ultimately, it is a good rule of thumb to be aware that when insurance companies, government entities, and landlords try to pass the buck as an 'act of God'...before you reach into your pocket, make doubly sure they're telling the truth.

At the law offices of T. Verner Smith, we represent clients who have suffered personal injury due to the negligence of another. These types of lawsuits not only provide necessary compensation for those who were wrongfully hurt, but also creates an environment of caution leading to higher safety standards for all.
​Call us for a free consultation at (731) 423-1888.

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