Los Angeles Water Main Break

Wow! A fire truck responding to a pipe break fell into a sinkhole Tuesday morning. Apparently, the fire engine was heading towards a call when they came upon running water on the street. They proceeded to back up the engine because they were worried about the stability of the ground, nevertheless, the front end of the 22-ton truck fell into the sinkhole and began filling with water. The firefighters inside were able to climb to safety.

It appears here that the hole was caused by a burst water main. According to the Associated Press the water main, which was part of the original water system and dated back to 1914, was slated for repairs before it burst.

Three days prior and approximately two miles away another main had broken. It is unknown yet whether the two are related. The main that broke on Saturday was also part of the original system and had already been slated for repairs as well.

Liability? It depends upon many factors. Should the mains have been replaced well before these broke? Why was that not done? Were there any measures taken to determine the integrity of the pipes? Were there any measures taken to remedy the condition before they broke? How much time passed between the pipes breaking and the incident wherein someone was hurt or someone’s property was damaged? Could said damage have been avoided with a better response from the City, and more warnings or safeguards to motorists?

Sometimes in situations like this the city will claim “immunity” on the grounds that it was performing a “vital government function”. (Indeed, I would argue that they failed to perform a vital government function.) The doctrine of sovereign immunity provides that governments are immune from suit by private parties. The government can waive immunity however. In this area, it is hard to find a consistency in how it is applied and to what level.

Thank goodness the firefighters were able to escape uninjured and I haven’t heard of any reported injuries. However, I can imagine that property damage costs will be high. According to reports, cars were swept down streets, people were forced out of their homes, and yards were littered with debris. One man estimated his losses at $10,000 and he like many, expects to be reimbursed by the city.

If you have suffered damages due to an event such as this, your first call should be to your own insurance agent, to see if the insurance protection that YOU pay for provides coverage for your loss. Should you have any problems in dealing with your insurance professionals (not uncommon, in my experience), seek legal counsel in your area.