When Municipal Water Systems Fail: Your Path to Justice Through Nassau County Water Damage Class Action Settlements

Nassau County residents have recently witnessed one of the most significant water damage class action settlements in New York history. Water providers across Nassau and Suffolk counties have been awarded in excess of $250 million as part of what is considered a historic $10.5 billion nationwide class action settlement with 3M Company. This landmark settlement highlights a crucial reality: when municipal water systems fail, residents have legal recourse to seek compensation for damages.

Understanding Municipal Water System Failures

Municipal water systems can fail in various ways, from contamination issues to infrastructure breakdowns that cause property damage. When tanks are not properly safeguarded, they can endanger the health of the public and the environment by leaking petroleum or hazardous substances into the groundwater, contaminating soil and potentially triggering fires or explosions. Nassau County has faced its own challenges, including Nassau’s failure to comply with federal underground storage tank (UST) regulations and with an EPA administrative order at 48 of Nassau’s facilities.

The contamination issues extend beyond infrastructure failures. For example, “forever chemicals” (PFAS), are a major concern across the United States with enforceable regulations finally emerging in April 2024. This can now help substantiate claims even further for victims of PFAS exposure in drinking water.

Legal Framework for Municipal Liability

Understanding your rights when municipal water systems cause damage requires knowledge of how courts view municipal liability. Water supply systems are not governmental functions, and when municipalities operate such systems, they are not privileged under the limited immunities from tort liability granted to them in the exercise of governmental functions. This distinction is crucial because it means municipalities can be held liable for water-related damages.

The legal landscape has evolved significantly. The maintenance of water and sewer lines beneath municipal roads, on the other hand, is considered a proprietary function. This classification makes it easier for residents to pursue claims against municipalities for water damage caused by municipal system failures.

Recent Settlement Success Stories

The recent PFAS settlement demonstrates the potential for substantial compensation. The monies will be used to support the installation and ongoing operation of treatment technologies, including Granular Activated Carbon filters and Advanced Oxidation Process systems. Since 2017, Long Island water suppliers have invested more than $1 billion in these systems to meet evolving state and federal water quality standards.

This settlement provides a template for future cases. The award is the first of multiple expected payments related to PFAS contamination. A second class action settlement — this one with DuPont de Nemours Inc. in the amount of $1.185 billion — is still pending.

Types of Damages You Can Claim

When municipal water systems fail, residents may be entitled to various forms of compensation:

• Property damage from contaminated water or flooding
• Health-related expenses from exposure to contaminated water
• Diminished property values due to contamination
• Temporary relocation costs
• Water filtration system installation and maintenance

Government studies show homeowners who hire public adjusters for water damage claims receive settlements that are 747% higher than those who face insurance companies alone. This statistic underscores the importance of professional representation when dealing with municipal failures.

Building Your Case

Successful water damage claims against municipalities require comprehensive documentation. Required documentation includes medical records confirming diagnoses and proof of residence or employment during the contamination period (e.g., utility bills, lease agreements, employment records). These factors are crucial for building a strong legal claim and increasing the likelihood of compensation.

The key elements for a strong case include:

• Evidence of municipal system failure or negligence
• Documentation of property damage or health impacts
• Proof of residence during the contamination period
• Medical records linking health issues to water contamination
• Expert testimony on contamination levels and health effects

When Professional Restoration Services Are Essential

While pursuing legal remedies, immediate property restoration is crucial to prevent further damage. Professional Water Damage Repair Nassau County services can help document damage for your legal case while protecting your property from additional harm.

Companies like Green Island Group, based in Bohemia and serving Nassau County, understand the dual importance of restoration and documentation. Green Island Group provides environmental, remediation, and demolition services to residential, commercial, and public customers in New York State. We follow NYS, NYC, and USEPA regulations to ensure proper removal and protection of workers and occupants. Their expertise in environmental remediation makes them particularly valuable when dealing with municipal contamination issues.

The Path Forward

The recent settlements demonstrate that holding municipalities accountable for water system failures is not only possible but increasingly successful. This settlement provides significant financial relief and ensures continued delivery of clean, safe drinking water to Long Island residents.

If you believe your property has been damaged by municipal water system failures, time is of the essence. It’s typically advantageous to work with an attorney experienced in handling such cases, especially to navigate the unique considerations for Long Island. For example, having someone familiar with New York’s local environmental regulations, the state’s statute of limitations, and both municipal and state-level contamination impacts can be beneficial.

The landscape of municipal water liability continues to evolve, with new regulations and precedents emerging regularly. What remains constant is the principle that municipalities must be held accountable when their water systems fail, and residents have the right to seek fair compensation for the damages they suffer. Whether through individual lawsuits or class action settlements, Nassau County residents now have proven pathways to justice when municipal water systems fail them.