TOLEDO, Ohio — The water main break in north Toledo at Galena and Chase streets caused homes and cars to flood. So who is going to pay for it?
Legally, the city of Toledo doesn't have to pay or do anything.
The Ohio Revised Code spells out that "a political subdivision is not liable in damages in a civil action for injury, death, or loss to person or property allegedly caused by any act or omission of the political subdivision or an employee of the political subdivision in connection with a governmental or proprietary function."
This means the city isn't responsible to pay property damages from the flooding.
As of Thursday afternoon, Engage Toledo had received 17 reports of flooded homes.
This week, WTOL 11 has shared two stories of people with flooded basements. One is a family on Cincinnati Street and another is on North Erie Street.
So could they sue the city? Attorney Scott Ciolek says it wouldn't be the best move.
"I would probably advise to sit tight," Ciolek said. "Because hiring a lawyer to bring in action against the city, considering their generalized immunity, might not be advantageous at this time."
He says to first call your insurance company if you have one and try to get an adjuster to come out. Then make a list and take pictures of everything you lost.
The law will protect the city in scenarios like this, with some exceptions.
"If the city acted with bad faith or willfully poor or recklessly with the way they maintained that particular water line, then they would lose their immunity," Ciolek said.
Contractors for the city have already been out working on homes according to city of Toledo officials. Next week, they will try to find more people who might need help.
"We are going to try and canvass the area in person, in case people are not getting the message through traditional media or social media," city of Toledo spokesperson Gretchen DeBacker said. "But the numbers so far, as it relates to damage in homes, is relatively low."
If your home, car or both are flooded from the water main break and you need help, the city asks you to contact Engage Toledo at 419-936-2020 or email at engagetoledo@toledo.oh.gov.
"If we haven't heard from residents over there that need assistance or have questions about their insurance or what their insurance covers or don't have insurance, we can't begin the process of helping them," DeBacker said.
The city is currently working on the flooded home issues first and then will get to the reports of flooded cars as soon as possible.