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J. Warren
J. Warren, Lawyer
Category: Real Estate Law
Satisfied Customers: 2246
Experience:  Experience in residential real estate and commercial leases.
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A recent flash flood caused an overtopping of a Missouri

Customer Question

A recent flash flood caused an overtopping of a Missouri small dam adjacent to our property. This caused significant damage to our road and property. Is the owner of the lake liable for the damage incurred ?
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  J. Warren replied 1 year ago.

Hello my name is ***** ***** I look forward to providing you information. Please note:

(1) this is general information and is not legal advice. I never propose a specific course of action. There is no attorney-client relationship or privilege that is formed when communicating to an expert on this site. The site repeats this disclaimer numerous times. By continuing, you confirm that you understand and agree to these terms; and

(2) there may be a slight delay between your follow ups and my reply while I am typing out my answer.

I am sorry you are dealing with this situation. Potentially an adjacent owner could be liable for the flooding. The damaged party would need to prove that the dam owner was negligent and this negligence led to the flooding of lake and subsequent property damage. However, if the dam owner was not negligent, typically a person is not liable for what is consider "acts of God" (Forced Majeure), events which are natural disasters in which no one is held liable.

Examples of facts that the damaged property owner would need to show: that the dam was not adequately maintained; not properly permitted or not allowed on the property; not build to standards that would have retained the water, etc.... Not easy to prove but possible.

All my best & encouragement.

Thank you for allowing me to help you with your questions. I have done my best to provide information which fully addresses your question. Please note that you are asked to rate my courtesy and professionalism, and not whether the answer supports your legal position. I only receive credit when rated “ok” (3 stars) or higher. If for any reason you feel that a low rating is appropriate, please first give me the opportunity to address your concerns by clicking the "reply" tab.

All states have intricacies in their laws and any information given is simply information only and specifically is not intended to be, nor does it constitute, legal advice. This communication does not establish an attorney-client relationship with you.

Expert:  J. Warren replied 1 year ago.

Let me know if there is further information you seek. I realize rating takes an extra step, I appreciate your time in doing so.