Who Pays For Water Main Break Damages...

Who Pays For Water Main Break Damages? - NewsChannel 5.com - Na...

There are 16 comments on the NewsChannel5.com Nashville story from Jan 20, 2010, titled Who Pays For Water Main Break Damages? - NewsChannel 5.com - Na.... In it, NewsChannel5.com Nashville reports that:

The cold spell in early January left behind a huge icy mess in downtown Nashville, and now there's controversy over who will pay for the cleanup.

Join the discussion below, or Read more at NewsChannel5.com Nashville.

fun

Hermitage, TN

#1 Jan 20, 2010
not being able to handle the elements completely seems to be a failure of the system. here comes a class action lawsuit.
Mike

Nashville, TN

#2 Jan 20, 2010
The city is liable for the damage since they should be updating the infrastructure of the city instead of waisting our money on crime labs, a new convention center, and pet projects.
Consumer

Belfast, TN

#3 Jan 20, 2010
You know dang good and well that in the end the taxpayers of Nashville will pay for all the work and clean up.
Concerned Citizen

Nashville, TN

#4 Jan 20, 2010
Tennessee is one of the worst places in America for everyone passing the buck. If they don't want to admit responsbility they need to fired and have someone else that can take care of things and actually care for the citizens!
Gemini

Mount Juliet, TN

#5 Jan 20, 2010
perhaps the money coveted for the new convention center should be used to fix the pipes under the roads that would lead to said convention center. A new building can wait, roads can not.
Consumer

Belfast, TN

#6 Jan 20, 2010
Gemini wrote:
perhaps the money coveted for the new convention center should be used to fix the pipes under the roads that would lead to said convention center. A new building can wait, roads can not.
I totally agree with that, instead of building a convention center that MIGHT bring in business they need to fix other problems first.

Since: Aug 08

Mt. Juliet, TN

#7 Jan 20, 2010
Let me try to understand the reasoning to this.

If a tornado hits Second and Broad and destroys all the infrastructure (water mains are included as infrastructure, unlike their claim)in that area, would they not be falling over themselves to restore the various utilities as soon as possible? It would be considered an "act of nature" and no one would fuss and shirk from the cost of it.

However, the underground water lines that are up to and over a century old are hit by a lingering hard freeze (another "act of nature")and as a result burst and now they are trying to pass the costs on to the merchants?

What is wrong with this story and the Metro Legal Dept? Water mains break all the time. Ever look at Elm Hill Pk? Seems the one between Briley and Massman has to be dug up due to failure repeatedly. Have not heard the legal dept ever mention passing on the costs to the residents and businesses in that area.

Remember, the bidding is being done at the moment to replace the antiquated lines and that should have been done years ago. If I was a merchant in that area I would be raising nine kinds of hell right now.

Since: Aug 08

Mt. Juliet, TN

#8 Jan 20, 2010
One more thing....there have been numerous "hard freezes" in the past century that the pipes have been in place that were colder and longer lasting that that little one we had at the beginning of the month. Why were the pipes not breaking then? Someone is passing the buck here and not taking responsibility for something that should have been done long ago.
Justice

Nashville, TN

#9 Jan 20, 2010
The City should pay the merchants since the pipes haven't been replaced in 90 years. Nothing last forever and if your going to not update the pipes over time then when they do break due to poor planning on the cities part then they should pay the merchants for loss of revenue. If a bridge fails due to it not being updated and repaired & if it fails those that are injured or die should be able to take the city to court and sue them for there suffering & neglect to keep it updated. same goes for water pipes.

Since: Aug 08

Mt. Juliet, TN

#10 Jan 20, 2010
Justice wrote:
The City should pay the merchants since the pipes haven't been replaced in 90 years. Nothing last forever and if your going to not update the pipes over time then when they do break due to poor planning on the cities part then they should pay the merchants for loss of revenue. If a bridge fails due to it not being updated and repaired & if it fails those that are injured or die should be able to take the city to court and sue them for there suffering & neglect to keep it updated. same goes for water pipes.
Well put. The key words here are poor planning.
Nameless for no Reason

Atlanta, GA

#11 Jan 20, 2010
The merchants are not being charged for this, they are claiming lost business due to neglect on the behalf of Metro Water. The taxpayers are not who will foot the bill, rate payers are who will get the shaft. If the merchants thought it was bad when the pipes burst, wait until the job begins to replace the pipes!

Since: Aug 08

Mt. Juliet, TN

#12 Jan 20, 2010
Since I wrote the above rant I have had the opportunity to read the Tennesseans version of the story. Much more detailed and informative than the vague story from WTVF.(sorry WTVF) but here it is.

http://www.tennessean.com/article/20100120/NE...
Tired Tennessean

Nashville, TN

#13 Jan 20, 2010
I find it amazing that we, and I use the term loosely, can afford a $500 million dollar convention center then go on to question who is going to pay for much need pipe work downtown... It's truly amazing to see what's a priority in city officials eyes.
Zarn

Livingston, TN

#14 Jan 20, 2010
If the affected businesses were paying water and sewer fees then they should be reimbursed for their losses. It was the city's water lines that broke! If the city's water/sewer district is not charging enough to maintain it's own infrastructure that is not the fault of the business owners nor is it a matter for which those business should reasonably be expected to buy insurance for. On the other hand, if the water and sewer services are being provided free then there cannot a reasonable expectation to be made whole.
ned

Mount Juliet, TN

#15 Jan 20, 2010
Unfortunately the water from the pipes flooding the businesses is considered flooding damage which most of your basic insurance won't cover which is why you need to get Flood insurance or make sure your home/business/rental insurance covers flood damage. And yes while the city would most likely help to repair damages done to the downtown area if a tornado were to it (which one did over 10 yrs ago) but that would be mostly because there would be more than a couple of business having to make repairs it would be the whole area making repairs due to structural damage. And the reason that they would help to pay is because it would effect tourism which in turn would affect the city coffers. I feel bad for them but this kind of thing happens a lot to people, it happens anytime there is a freak "act of nature".
chuck

Little Rock, AR

#16 Jul 14, 2015
ned wrote:
Unfortunately the water from the pipes flooding the businesses is considered flooding damage which most of your basic insurance won't cover which is why you need to get Flood insurance or make sure your home/business/rental insurance covers flood damage. And yes while the city would most likely help to repair damages done to the downtown area if a tornado were to it (which one did over 10 yrs ago) but that would be mostly because there would be more than a couple of business having to make repairs it would be the whole area making repairs due to structural damage. And the reason that they would help to pay is because it would effect tourism which in turn would affect the city coffers. I feel bad for them but this kind of thing happens a lot to people, it happens anytime there is a freak "act of nature".
if you can prove negligence muni's can be sued using the inverse condemnation laws. if you can not prove negligence its a lost cause to go after muni's

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