Proposed Legislation Would Aid Flood Victims When Municipalities Fail To Fully Resolve Claims

Recently proposed legislation would increase the time for Georgia flood victims to file legal claims against municipalities for sewer system defects and would also add a premium to the damages homeowners could recover if forced to seek compensation through a lawsuit.

In recent years, dozens of Atlanta residents have been plagued by with flooding and suffered significant property damage due to defects in the city's aging water, sewer, and storm water systems.  Although Atlanta has settled a number of such lawsuits, many residents have been forced to file suit and go to trial in order to recover damages.

Martin & Jones has successfully represented dozens of Georgia families in lawsuits against municipalities with defective water, sewer and storm water systems.

The recently proposed law proposed by Rep. Edward Lindsey (R-Atlanta) would add a 25 percent penalty to any judgment against a municipality in a case involving damage to real property.  The penalty would apply to flooding and nuisance cases brought against Atlanta and is intended to provide a financial incentive for municipalities to fairly resolve claims with property owners early on in the process and without a trial.

The proposed law would also extend the time limit for a property owner to bring a claim from six months to one year, the same limitations period which applies to claims against a county or the state government.

The Atlanta Journal-Constitution featured an article discussing the proposed law.