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House flooded from water main in front of home. City controls the water mains. Is the City liable?

Chicago, IL |
Filed under: Drainage law

My house was damaged from a broken water main. The City says they will not pay me because they are immune. The city runs and manages the water here. So it is controlled by them. I was reading the statute on Governmental Immunity and it says "(745 ILCS 10/2-101) Sec. 2-101. .... Nothing in this Act affects the liability, if any, of a local public entity or public employee, based on:
a contract;
b operation as a common carrier; and this Act does not apply to any entity organized under or subject to the "Metropolitan Transit Authority Act", approved April 12, 1945, as amended;"

In my opinion, the city is a common carrier of water. But i do not know the law 100%. Can someone tell me if i can sue the city because htey are a common carrier, even though they say they are immune?

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Attorney answers 1

Posted

They're immune. Of course you can sue them, but your chances are somewhere between terrible and horrific.

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