Seasoned attorneys at Grewal Law are investigating potential claims of victims impacted by the May 2020 dam failures in Midland County. If you or loved one was impacted by the Edanville and Sandford Dam collapse, you may be entitled to recovery.
According to a 2018 study by the American Society of Civil Engineers there are approximately 2,600 dams in Michigan, of which 75% are privately owned. The ASCE-MI gave MI dams an overall rating of C-, meaning that the dams require attention but the infrastructure was in fair to good condition. Further, the ASCE-MI categorized 5% of the dams as high hazard dams, posing a serious risk of damage to property or loss of life to downstream resident in the event of dam failures. Thus, the issue is not if, but when the dam will fail.
Boyce Hydro Power, LLC, the private entity that owns both Edanville and Sanford Dams that failed, has a history of safety violations. Despite noncompliance with the safety violations, Boyce Hydro Power, LLC has admitted to artificially maintaining elevated levels of water at Wixom Lake adding stress to the antiquated dams.
Lawsuit for the Dam Failure
Anyone that has suffered either personal injury or damage to their property or business may have standing to bring a lawsuit for recovery. However, any such action must be brought within three (3) years of the injury to the person or property. MCL 600.5805(10). There may be other, shorter notice provisions that apply.
In a dam flooding case, there are several types of compensation. Generally, a person that has sustained personal injury, is entitled to recover financial losses to the property or business, including damages to homes, vehicles, and other personal property. Businesses may be able to recover loss of income damages. In some cases, a person having sustained personal injury may be entitled to recover damages for physical pain and suffering, and other non-economic damages.
Some clients are reporting that despite timely making their claims, their coverage has been denied by their insurance carrier. While some insurance policies have exclusions for flood damage, a close inspection of the policy language would be required. If your claim has been improperly denied or adjusted, you may have a right of recovery.
Contact Grewal Law for Help
If you suffered serious damage to your person or property from the dam failure, the attorneys at Grewal Law are here to help. Our attorneys can to help navigate the complex legal and insurance system to assist you with your claim.
Gurrajan is a trial attorney at Grewal Law, PLLC. He represents victims and families in personal injury and wrongful death claims. His primary focus is on medical malpractice claims, specializing in airway complications and surgical errors.
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