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| soil contaminated from chloride http://www.envirolink.org/forum/viewtopic.php?f=3&t=24725 |
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| Author: | whitecap26W [ Thu Sep 25, 2014 11:19 am ] |
| Post subject: | soil contaminated from chloride |
My land has been inundated with chlorine from a neighbors pool All flowers, trees & plants have been destroyed I am unable to deal with the neighbor I sent soil samples to a lab the results were 5 times the normal amount of chloride in my soil Any suggestions |
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| Author: | Wayne Stollings [ Thu Sep 25, 2014 2:57 pm ] |
| Post subject: | Re: soil contaminated from chloride |
The potential for contamination via runoff from pools and spas is known so a call to the local reguatory agency might be a way to get the neighbor to take notice. If not, a claim for the damage to the neighbor's insurance carrier or litigation for the damage could be a possible action. |
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| Author: | whitecap26W [ Thu Oct 02, 2014 3:28 pm ] |
| Post subject: | Re: soil contaminated from chloride |
I contacted the EPA. They advised me to contact my local health dept. The health dept said they could do nothing, and advised me to sue. I would like to contact his homeowners insurance co but I have no way to find out the name of the company.. I suppose Im going to have to sue him personally whitecap26W |
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| Author: | Wayne Stollings [ Fri Oct 03, 2014 7:19 am ] |
| Post subject: | Re: soil contaminated from chloride |
Of course, an attorney might be able to give some other options, which would make a consultation a benefit. The down side may be the cost. An attorney may not take the case without payment or if they do take it on contingency they will take about 1/3 or the recovery and can still require you to pay for any expert investigations. So there may be a cost factor to consider. If this is the case and the costs are too great for you to continue another option may be to contact your neighbor via certified mail to document their knowledge of the actions and the impact on your property. Then you contact them again to advise them of your intent to file a claim with your insurance carrier for the damages, which when coupled with the notice of their actions and impacts places them at fault. If there has been sufficient time for them to have changed the way they maintain the pool but have not done so, their insurance carrier would not defend them given the acts would be more willful than negligence at that time. This means that when your insurance carrier sues to recover damages, which will include all of their legal costs, they will target the neighbor personally. Fighting the legal might of an insurance company is very difficult when you are in the right, but in this case it would probably be a lost cause. Once the situation is set and the neighbor is aware of the possibilities you can explain the situation to them in the hopes they change. If they do not change you can follow through with the claim. I would discuss this with an attorney and your insurance agent to ensure the situation does not have any unknown wrinkles since laws vary on insurance, but it is a last ditch effort before spending your money. |
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