Sewer Backup Claims

To aid you in understanding the complexities of liability in sewer backup claims, the following information is supplied by the KLSWA.

1. The KLSWA is not automatically liable for resulting damages whenever a sewer backs up. It is only liable for those damages if the backup was caused by negligence on the part of the Authority.
2. Many homeowner policies exclude damage resulting from sewer backups. Thus, homeowners often end up looking for the Authority to pay their damages when their homeowner’s insurance denies their claim. Residents connected to the KLSWA sewer system should check their policies to determine the extent of coverage provided. Residents should also check with their agent to determine if this coverage is available as a rider and at what cost. It may be prudent to find a carrier who will provide coverage against backups in the event your current carrier does not.
3. Michigan courts have made it clear that a municipality, or a sewer and water Authority, does not and cannot guarantee that its sewers will never back up.

Because a sewer is not a closed system, many things put into sewers can clog the system. While the KLSWA can adopt rules prohibiting discharge of certain items to the sanitary sewer, and can try to educate the public about the problems improper discharges cause, there is no way that we can absolutely prevent it from happening. There is always some risk associated with connection to a public sewer system.

The courts have made it clear that the KLSWA is liable for damages only if the Authority’s negligence caused the damage. There are four basic questions the courts look at in deciding this issue.