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Frequently Asked Questions
Boyce Hydro, LLC, the dam owner, is responsible for the proper maintenance and upkeep of the dam.
Dams are owned and operated by the government, as well as private corporations. The failure to properly operate a dam can have catastrophic consequences to people, property, and businesses.
A dam failure can cause serious damage to the major infrastructures of the surrounding area. This can include roads, highways, utilities, public transportation, and recreational areas.
In addition, houses, apartments, office buildings, and all types of businesses can be damaged or destroyed. Even farms and agricultural centers can sustain irreparable harm from a major flood. Those who suffer personal and financial harm from a dam failure can file a lawsuit.
When a Michigan dam is privately owned or operated, there are several legal theories for victims to pursue against the company. These include claims of both strict liability and general negligence.
The legal theory of strict liability imposes liability on a dam owner for damages that occur regardless of the cause of failure. Essentially, the act itself gives rise to a legal claim.
The other theory is that of general negligence. This is the failure of the company to act in a reasonable safe and prudent manner under the circumstances.
Negligence can be proven by records and inspections showing the lack of proper maintenance, the failure to comply with state regulations, and the failure to regularly inspect the dam for the likelihood of failure.
You may be able to sue the owners of the Edenville Dam and Sanford Lake Dam if you suffered personal injury or damage to your property.
The owner of the dam, Boyce Hydro, was given safety violations for several years by regulators. Its failure to take correct measures has caused catastrophic harm to families, businesses, schools, and local governments. If you were the victim of these terrible floods, you may be eligible to file a lawsuit for your damages.
An experienced Michigan law firm can determine the extent of your damages and your right to sue.
Several class action lawsuits have been filed against Boyce Hydro LLC. There are both advantages and disadvantages to joining a class action lawsuit.
The class action litigation and individual lawsuits will be hard fought by all parties and you need an experienced Michigan law firm on your side. You need to make sure your rights are fully protected by attorneys that you trust.
Our attorneys will evaluate your individual claims and discuss with you the best options for your claims. We will then file your claim and work closely with you throughout the process.
All lawsuits request recoverable damages from the party liable for the harm.
In a dam flooding case, there may be several types of compensation available to a single victim. First, a person can claim personal injury damages. These include physical pain and suffering, mental anguish, disability, and other non-economic losses.
For a flood of this magnitude, a victim will likely have severe psychological damages in addition to any physical injuries.
Second, a person who suffers a financial loss to property or business can make an economic loss claim. This would include damage to homes, vehicles, and other personal property. Also, a business that has been destroyed or suffers a loss of income can also demand compensation.
Finally, if a person dies directly or indirectly as a result of the dam failure, floods, or other reason, the family members can file a wrongful death lawsuit. These cases demand settlement compensation for the pain and suffering of the decedent, the loss of companionship, and any resulting financial losses.
Will my property insurance pay to repair my home or business? Many property insurance policies, including homeowner’s insurance and business insurance, have exclusions for damage caused by floods. This may or may not include water damage resulting from a flood caused by a faulty dam. An insurance lawyer can investigate whether you are covered for these losses.
Many provisions may exclude only natural disasters that result in flood damage. If you purchased additional flood insurance, there is a greater likelihood that you will be covered for the loss to your property and its contents.
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