Neighbor plans to sue for flood/slide damage

[richNW]

My neighbor's house is on a steep bank. Last winter the street in back of the house flooded when a storm drain clogged, sending water around the house and down the bank which caused a slide. He was out of town at the time. His house now needs a retaining wall estimated at $120,000.

He says he may sue us, because we should have cleared the drain while he was away, and he feels we were responsible for not taking action. We did see the drain problem, but had no idea it would cause a slide and major damage. The water was about a foot deep in his garden but not going into his house. The city apparantly will not pay anything. I don't know about his insurance.

Is he likely to prevail? Could our homeowners cover damages if we are sued? How would responsibility be determined?

We feel badly for him, but do not intend to have the blame put on us. Need to know how to project ourselves.

Thanks!

 

[lwpat]

I assume that the city owns the drain so you have no responsibility. However that doesn't mean he can[t find an attorney that will sue. Your homeowner's insurance will provde you with an attorney to defend if and when that happens. Don't lose any sleep.

 

[richNW]

Thanks for the reply. Yes the city owns the drain, and likely will never help the neighbor. I would also say the house was built too close (partly over) the bank making it very susceptible to the slide which was not a major slide, but that is just my uneducated opinion. At any rate it is good to know that he does not likely have a good case to put blame on us. I feel it is important to understand how to protect ones self before anything comes up. Thanks again.