Water Runoff Dilemna

Date: August 28, 2008

Cisco and Poncho were best friends ever since they became neighbors back in the early 1990\’s. Cisco lived on a property right next to Poncho which was slightly higher than Poncho\’s.

One hot summer, Cisco decided to put in a very large above ground pool which Cisco would always drain at the end of the summer and sometimes during heavy rains during the summer. Unfortunately, the runoff from Cisco\’s pool, at times, would run onto Poncho\’s land and eventually to the foundation of Poncho\’s house causing water damage in Poncho\’s basement.

Cisco always promised to fix the situation but never did and would pay Poncho for whatever work had to be done to get the water out of Poncho\’s basement. Eventually Poncho became fed up and told Cisco he would have to make the appropriate alterations immediately or Poncho was going to have to sue his former good friend, Cisco.

Sure enough with the September rains making the water saturated already when Cisco drained his pool, it seems like he was draining it right into Poncho\’s basement. Poncho was fed up and decided he had no choice but to sue Cisco. Cisco\’s attorney stated that Poncho\’s case should be thrown out because more than two years had passed since Poncho was aware of the problem and never attempted to enforce his right.

Question: Is Cisco\’s attorney correct?

Answer: No, even though Poncho\’s home had been flooded out for a number of years on occasion, every time there was flooding, the running of the two years would start all over again. Be that as it may, under Pennsylvania law, any action or proceeding to recover damages for injuries either to a person or to property which is based upon either negligence or an intentional act, must be commenced within two years.

Disclaimer: The above article is for instructive purposes only and each case is fact sensitive. Consultation with an attorney should be obtained instead of reliance upon the legal issues discussed in this column.

Joe Price
Attorney Joe Price is a seasoned Trial Lawyer serving Northeast, Central and Southeast Pennsylvania for the past forty (40) years. He has handled serious personal injury cases in courts throughout the Federal system including New Jersey and New York. Attorney Price is A.V. Rated by Martindale Hubble. He is Board Certified in Civil Practice by the National Board of Trial Advocacy since 1996.