Michigan Dam Failure
1-800-LAW-FIRM is investigating cases for victims of the Edenville & Sanford Lake Dam Failures
The Edenville Dam, located on the border of Midland County and Gladwin County, failed late on May 19, 2020 and the Sanford Lake Dam subsequently failed the same afternoon.
This has turned out to be a major catastrophe that was likely a result of poor maintenance and negligence by the dam owners. As a result of the dam failure, thousands of homes and businesses had to be evacuated. The devastation and damage are unparalleled and Governor Gretchen Whitmer has declared a state of emergency.
FILL OUT THE FORM FOR A FREE CASE REVIEW
The Edenville Dam and Sanford Lake Dam are privately owned by Boyce Hydro. The company had prepared to sell the dams to a delegated authority working for Midland and Gladwin Counties. However, the sale had not been completed. The Edenville Dam had its hydro-power generating license revoked in 2018.
Simply put, this was an accident waiting to happen and completely preventable with proper maintenance. Residents in the area, as well as businesses, might lose everything as a result of these floods.
Who is Liable for a Dam Failure?
The dam owner is responsible for the proper maintenance and upkeep of the dam. The failure to properly operate a dam can have catastrophic consequences to people, property, and businesses. A dam failure can cause serious damage to the major infrastructures of the surrounding area. This can include roads, highways, utilities, public transportation, and recreational areas.
In addition, houses, apartments, office buildings, and all types of businesses can be damaged or destroyed. Even farms and agricultural centers can sustain irreparable harm from a major flood. As a result, those who suffer personal and financial harm from a dam failure can file a lawsuit.
Can I Sue for the Edenville Dam & Sanford Lake Dam Failures?
You may be able to sue the owners of the Edenville Dam and Sanford Lake Dam if you suffered personal injury or damage to your property.
When a dam in Michigan is privately owned or operated, there are several legal theories for victims to pursue against the company. These include claims of both strict liability and general negligence. The legal theory of strict liability imposes liability on a dam owner for damages that occur regardless of the cause of failure. Essentially, the act itself gives rise to a legal claim.
The other theory is that of general negligence. This is the failure of the company to act in a reasonably safe and prudent manner under the circumstances. Negligence can be proven by records and inspections showing the lack of proper maintenance, the failure to comply with state regulations, and the failure to regularly inspect the dam for the likelihood of failure.
The owner of the dam, Boyce Hydro, was given safety violations for several years by regulators. Its failure to take correct measures has caused catastrophic harm to families, businesses, schools, and local governments.
If you were the victim of these terrible floods, you may be eligible to file a lawsuit for your damages.
The team at 1-800-LAW-FIRM can determine the extent of your damages and your right to sue.
What are the Damages in a Dam Flooding Lawsuit?
All lawsuits request recoverable damages from the party liable for the harm.
In a case like this, there may be several types of compensation available to a single victim.
- A person can claim personal injury damages. These include physical pain and suffering, mental anguish, disability, and other non-economic losses. For a flood of this magnitude, a victim will likely have severe psychological damages in addition to any physical injuries.
- A person who suffers a financial loss to property or business can make an economic loss claim. This would include damage to homes, vehicles, and other personal property. Also, a business that has been destroyed or suffers a loss of income can also demand compensation.
- If a person dies directly or indirectly as a result of the dam failure, floods, or other reason, the family members can file a wrongful death lawsuit. These cases demand settlement compensation for the pain and suffering of the decedent, the loss of companionship, and any resulting financial losses.
Many property insurance policies, including homeowner’s insurance and business insurance, have exclusions for damage caused by floods. This may or may not include water damage resulting from a flood caused by a faulty dam. Our team can investigate whether you are covered for these losses. Many provisions may exclude only natural disasters that result in flood damage. If you purchased additional flood insurance, there is a greater likelihood that you will be covered for the loss to your property and its contents.
A review of the causes of the flooding, the damages to your property, likely liable parties and applicable laws will help direct one of our lawyers in planning a strategy to recover compensation for you, the property owner, if at all possible. You may have a viable case for inverse condemnation of your property, if a government project substantially contributed to the damage to your property.
Contact 1-800-LAW-FIRM for Help
If you suffered serious damage to your person or property from the dam failure, you need the help of the team at 1-800-LAW-FIRM. Our attorneys will listen to your story and determine if you are eligible to sue the dam owner and get a money settlement. We charge no legal fees unless you win a settlement. Call now to discuss your case.