Sewer Backup Claims


SEWER BACKUP CLAIMS

In January 2002, a new Michigan law on municipal liability for basement flooding went into effect. Public Act 222 of 2001 requires claimants seeking compensation for physical injury or property damage as a result of a sewer-disposal or storm-water-system event. Current Michigan Law Public Act 170 of 1964, as amended by Public Act 222 of 2001, requires that persons seeking compensation for injury or property damage must show that all of the following existed at the time of the event:

  • The City of Lathrup Village at the time of the event owned or operated, or directly or indirectly discharged into, the portion of the sewage disposal system that allegedly caused damage or injury.
  • The sewer disposal system of the City of Berkley has a construction, design, maintenance, operation, or repair defect.
  • The City of Lathrup Village knew, or in the exercise of reasonable diligence should have known, about the defect and failed to take reasonable steps in a reasonable amount of time to repair, correct, or remedy the defect.
  • The defect must be 50% or more of the cause of the event and the damage or injury.
Claimants must comply with statutory notice requirements. A claimant who has been injured or has suffered property damage as a result of a sewage-disposal-system event must provide written notice of the event within 45 days after the date the damage or physical injury was discovered. The written notice must contain the claimant's name, address, telephone number, the address of the affected property, the date of discovery of any property damage or physical injury, and a brief description of the claim. Failure to provide proper notice may bar the claim.

For additional information and forms, please download the Sewer Backup Claim Form.

If you need assistance or additional information, please contact the City Clerk's office at cityclerk@lathrupvillage.org or 248.557.2600, ext. 226.

The above summarizes Public Act 222, which should be consulted for a full description of a claimant's rights and duties. To review or download the law, click here.