The Sewer Line In Your Yard Has Been Damaged: Who Is Really Responsible For Repair Costs?

The sewer line that serves your home is one of those out-of-sight, out-of-mind systems. What you should know about your sewer system and what most people take the time to learn probably don't line up. As long as it works, you probably don't think about it much.

However, when you have a problem with the line, it becomes an emergency situation. If contaminated water backs up into your home, you could have mold and bacteria growth, along with foul odors. Exposure to raw sewage can create health problems for family members and pets. You'll have to stop using the toilet and other bathroom and kitchen fixtures in the house that tie directly into the sewer. You'll have to call a plumber to evaluate the problem and make emergency repairs.

To track down the source of the problem, the plumber may locate the sewer cleanout and put a camera in it. Typically, property owners are responsible for paying for repairs on the portion of the line on their property before it connects to the main sewer line. However, if the plumber's investigation finds that another party's actions damaged your sewer line — such as a utility company cutting or crushing the line while doing other work — who should pay for the damage? Utility companies will usually pay for damages they cause during their work, but some companies and third parties may balk at paying. Learn about the circumstances that may affect whether you receive reimbursement for repairs.

The sewer line that serves your house consists of a couple of sections. The lower lateral is the portion that extends outside your house to the main sewer line under the street or alley. The main sewer line serves all the houses on your street and eventually carries the wastewater and sewage to the treatment facility. In most cases, any damage that occurs to the lower lateral is the homeowner's financial responsibility. Tree roots or clogs that come from your property and block the sewer line would be your responsibility. If the damage or clogs occur in the main sewer line under the street, the city is responsible for paying for repairs to this section.

However, if the damage to the lower lateral on your property occurs because of negligence from city employees, contractors hired by the city, gas company employees, or electric company employees, you would expect the negligent party to pay for the damage. The negligent party may not have known the location of your sewer lateral line when working on your property. 

Even if the party called the 811 number before digging any holes in your lawn for power or gas line utility repairs, the 811 service can mark only public utility lines. It cannot find or mark private buried items like sewer laterals or underground sprinklers. Consequently, a utility digging trenches for underground power lines might hit your sewer lateral and inadvertently damage it. Even though the damage is inadvertent, you'd still expect the negligent party to pay.

You don't have to search too far on social media or in local news coverage to find stories of property owners running into a brick wall when trying to convince a negligent party to pay for damage to a sewer lateral. Considering moderate or major repairs to a lateral sewer line can cost thousands of dollars, most homeowners won't want to pay for this damage themselves.

Start by contacting the company that you believe caused the damage to file a claim. If the company refuses to pay, contact your homeowners' insurance company. Some policies include coverage for the sewer line and any damage that occurred to the belongings in your home from a backup. The insurance company may be willing to battle with the negligent party to try to obtain the payment, which the insurer would use for its cost reimbursement. This process would involve subrogation on the part of the insurance company.

To convince the negligent party to pay for your sewer line damage, you may need evidence about how the damage occurred. Your plumber might take video or photos that help with this proof. If the party that caused the damage is a public utility, your state government probably has an oversight public utility commission (PUC) that handles complaints against these utilities. You can file a complaint with the PUC. You could also potentially hire an attorney to sue the utility, depending on the rules in your state.