Who is Responsible for Water Main Breaks in Los Angeles? A Look at California Law
By Matt Kohanbash & Alexis Nagler
Water main breaks, such as the recent incident in West Hollywood, can lead to significant damage, traffic disruptions, and even injuries. Understanding California laws regarding public utility infrastructure is crucial for determining liability and whether compensation can be sought.
Government Liability in California
In California, entities like the Los Angeles Department of Water and Power (LADWP) are tasked with maintaining public infrastructure, including water mains. The California Tort Claims Act outlines when a public entity can be held liable for damages caused by its property or operations. A city or municipality may be liable if:
The entity was negligent in maintaining its infrastructure.
It had prior notice of the issue and failed to act.
The damage was caused by a known dangerous condition of public property.
The LADWP reports frequent water main breaks, though the rate is below the national average. These breaks are more common in colder temperatures, but the recent break occurred in September, when temperatures were warm. A similar incident last year led to a sinkhole, causing road closures and traffic issues.
Who is Responsible for Damages?
Responsibility for damages from a water main break can fall on several parties:
LADWP: If poor maintenance or delayed repairs contributed to the break, LADWP may be liable for damages or injuries [1].
The City of Los Angeles: The city could be responsible if road conditions worsened after the break, leading to further damage or accidents [3].
Private Contractors: If a private company caused the rupture, responsibility may fall on them rather than a government entity [5].
Filing a Claim Against a Public Entity
To file a claim against a public entity like LADWP, it must be done within six months of the incident under the California Tort Claims Act. If found liable, compensation may cover:
Medical expenses
Property damage
Lost wages
Pain and suffering.
Why Legal Help is Important
Cases involving public entities are complex due to legal protections. Navigating these rules and deadlines can be challenging, making legal assistance crucial for pursuing compensation.
At Solum Space Law, we have experience handling such cases and can guide you through the claims process to seek the compensation you deserve under California law. Contact us if you or a loved one has been impacted by a water main break. Solum Space Law is here to help.
