San Antonio Fatality Raises the Question – What Liability Issues Do Sinkholes Create?

A deadly sinkhole in San Antonio swallowed two cars on December 4. One driver was rescued by passing motorists, but rushing water quickly poured into the other vehicle killing the trapped driver. By the time emergency crews arrived the car was completely submerged and filled with gravel and other debris. The fire department brought in a 100-ton crane to help lift the vehicles out as the fought against the rains that caused flash flood warnings and sewage oozing from the hole in the broken pipe. Every time a train went by, the rumbling caused pieces of earth to fall in.

It is not yet clear what caused the sinkhole to open, but reports state that although rainy weather precipitated the collapse, the collapse was likely caused when a large sewer line ruptured. According to officials, the 12-foot sinkhole opened up near a connection between a pipe that was replaced a year ago and pipe that is decades old. The city has been engaged in an “aggressive, vigorous, replacement program” for aging sewer pipes in the area, according to San Antonio Mayor Ivy Taylor. Crews have installed fencing around the hole and barricaded the road in preparation for repairing the crater.

Can the family of the deceased or the injured victim sue over this sinkhole or was it simply a freak accident?

Victims can potentially file lawsuits against city if the aging sewer pipes are to blame. But, isn’t easy to take on a government entity. Sovereign immunity limits the government’s liability in some cases, but there are exceptions, which vary from state to state, such as:

• The road became dangerous because of a change in physical conditions.
• The government agency knew of the dangerous conditions and had reasonable time to obtain funding and make repairs/improvements.
• Dangerous or misplaced road construction markers and barricades.
• Dangerous curves and defective guard rails.

Such claims can be very complex and require the assistance of an experienced attorney who can make sure the victims achieve the highest compensation possible for their loss. In the meantime, the challenge facing the plaintiffs is that the lawsuits could take months, even years to be resolved. They will not receive any compensation until they either reach an out-of-court settlement or win the case in court. Even if they win the case in court, appeals can further drag out the recovery. If the plaintiffs need financial support, Lawsuit Financial may be able to help.

Rather than struggling financially during an already difficult time, we can offer a non-recourse cash advance against the future proceeds of the lawsuits. This means repayment is made once a settlement is reached, but if the case is lost or dismissed, the plaintiffs keep the lawsuit case advance and owe us nothing. With this immediate funding source, known as lawsuit funding, the plaintiffs to take care of financial obligations while giving their attorney the time needed to seek appropriate justice.

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About Lawsuit Financial
Lawsuit Financial Corporation is a pro-justice lawsuit funding company that seeks to educate plaintiffs and attorneys about lawsuit funding. Our company is an attorney owned and operated full service legal finance company recognized by attorneys nationwide as a preferred choice for legal funding services. Mark Bello, CEO and General Counsel, is recognized as an expert in this field, both as an underwriter of these transactions and as an advocate for appropriate treatment of plaintiffs/clients in this industry and in litigation.