Damages Due to Edenville, Sanford Dam Failures
On May 19th, 2020, residents of the Gladwin and Midland County area were devastated to discover that the Edenville Dam had failed and, as a result, billions of gallons of water were draining from Wixom Lake into the Tittabawassee River and the community.
Built almost 100 years ago, the Edenville Dam was under the jurisdiction of the State of Michigan in 2018 after the federal government had revoked the hydropower generating license from the owner, Boyce Hydro Power due to a 25-year history of noncompliance and safety warnings. The State of Michigan had therefore assumed control over and accepted legal responsibility for the Edenville Dam in 2018 due to these actions of the federal government. This order by the Federal Energy Regulatory Commission (FERC) also shifted management of the deteriorating Edenville Dam to the Michigan Department of Environment, Great Lakes and Energy (EGLE).
Now, well into June, the region continues to be affected by the failure of the Edenville and Sanford Dams, as the estimated property damages are far in excess of $175 million dollars. Unfortunately, the absence of flood insurance coverage for many and denials of many homeowner claims has left far too many residents with limited options in their effort to quickly recover from the damages and losses resulting from this tragic and avoidable disaster. What’s more, governmental investigations are expected to stretch into at least late 2020, further delaying critically needed responses from the responsible parties.
The transfer of control to EGLE made the state and federal government two of the responsible parties for the flooding that impacted the greater Midland region. Thousands were forced to evacuate the area after the emergency warning set off panic among area residents. The region is still reeling due to the devastation of property damage and more. While final answers may be months away, it is important to know there are still important deadlines surrounding insurance claims, notices that should be timely provided to the State of Michigan and protecting your legal rights to receive all the compensation you deserve. There are a variety of claims residents and local businesses can make for their personal and unique damages through an individual case (unlike a class action case) including:
· Home Property damages (Real Property damages)
Examples: Losses/destruction associated with residences (walls, flooring, structural damage), property erosion, reduced property value and loss of use and enjoyment of property, garage, boat house, seawalls, land cleanup, contamination removal, costs to maintain, demolish and repair, etc.
· Lost appliances and personal items (Personal Property damages)
Examples: Automobiles, boats, watercraft, furnace, clothes, furniture, appliances, bikes, household items, yard decorations, rugs, etc.
· Commercial damages
Examples: Lost income, inventory/assets, harm to building(s), interruption of services, destruction to business vehicles, etc.
· Damages to vacant land, farms and other agricultural businesses
Examples: tools, machinery, crops, reduced inventory, destruction of seasonal plants, soil contamination, land erosion, loss of business, rebuilding costs, lost businesses or investment property etc.
A helpful overview of damage claims can be found here. Additionally, for more information about protecting your legal rights and navigating the insurance claim process, click here for an instructional resource developed by Douglas Young of Young Insurance Law.
The Pitt Law Legal Team is working on behalf of residents in the Midland and Gladwin County region to file individual claims for damages caused by the Edenville and Sanford Dam failures. Unlike a class action case, each client’s claim is based upon their unique losses and hardships resulting from the flooding. The Pitt Law Legal Team consists of experienced Michigan environmental injury lawyers who believe that the compensation deserved by area residents affected by this preventable disaster should be based on how their own life, home, and properties have been uniquely harmed, unlike a class action which may fail to recognize the differences in each of these serious claims.
If you have been financially harmed by the recent flooding in the region due to the failure of the Edenville and Sanford dams, contact the Pitt Law Legal Team today. We are here to help if you have questions about your legal rights or if you’re to move forward with filing an individual claim. Fill out our contact form or call us at (248) 662-2162 today.
We hope to hear from you soon!