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Respected Contributor
Posts: 4,488
Registered: ‎05-30-2010
On 1/4/2015 lizzief said: I agree, it will be impossible to prove negligence on the first plumber's part, and that the current problem is related to the prior problem. The money would probably be better spent on replacing all of the lines to make sure this doesn't happen again. Sorry this happened.

ITA w/lizzief!

Peace of mind lady! Suing is a very hard, grueling job that takes a great toil on your emotional life and isn't easy! The little $ you are suing for is Not worth it!

Esteemed Contributor
Posts: 6,488
Registered: ‎12-13-2010

Small claims is the way too go. BUT, it's a huge hassle and good luck collecting the judgemnet if you win. I sued in small claims, was awarded the judgement and could never collect! Get insurance and move on, not worth it.

Respected Contributor
Posts: 8,595
Registered: ‎12-17-2012

And now that the cap on the outside pipe is removed, what are the chances that debris can fall or be put in the pipe and clog it up??

Super Contributor
Posts: 395
Registered: ‎09-19-2013

Just had the exact same problem...but my clean-out cap was NOT screwed on tight (do this in the future), so I didn't have the inside problems.

Since it's from tree-roots YOU are responsible NOT the plumber.

I had a plumber come out, snake it, use a camera & he told me that there was a blockage.

I ended up having to get the county out to repair the broken main sewer pipe that was down more than 12 feet.

I huge headache, but now it's fixed for good.

FYI, your insurance will NOT cover the outside damage, but will cover the inside ONLY if you have an additional Sewer Backup Waiver on your home owner's policy. I have Hartford through AARP & it only costs $8 more per year, but is well worth it.

Sorry for your problems, but it's part of being a homeowner!

Trusted Contributor
Posts: 1,560
Registered: ‎12-31-2013

Even though the end problem was the same or very similar that doesn't mean that the cause for both was exactly the same. Didn't everything worked fine for that 14 months? It could be that the roots hadn't broken through the pipe 14 months ago and what the plumber did fixed the initial problem. Without proof that the second issue actually existed when the first plumber fixed your problem, I wouldn't think you could prove they were negligent.

Valued Contributor
Posts: 733
Registered: ‎04-24-2010

I don't think it is the responsibility of the OP to tell the plumber to ""use a camera"" to diagnose the problem. I am sure many people don't even know that is an option. I feel so bad for the OP with all the expense with the second flood in her house but unfortunately the original plumber probably isn't liable.

Honored Contributor
Posts: 30,249
Registered: ‎03-12-2010

My daughter had a similar experience (camera and all). Almost exactly except she didn't have a huge mess, just a mess.

She never thought about suing anyone even though her's was only a few days apart.

The company came out again and fixed the problem once and for all.

Esteemed Contributor
Posts: 5,660
Registered: ‎03-09-2010
I do not think that most people realize that obtaining a judgement against a individual or a company and actually collecting on that judgement are two entirely different things. Once you are awarded a judgement the courts do not help you collect on it. They do nothing. it is up to you, the individual to actually collect the judgement. If you think that when someone has a judgement entered against them they are just going to sit down and write a check you are very much mistaken. Most judgements are NEVER paid. The person who obtained the judgement is responsible for trying to track down any assets the person or business may have in order to,seize the assets. How are you,supposed to find out where their assets are? What bank is their money in? The banks are not just going to tell you. I read a news story not to long ago about a individual who did some consulting work,for a business. He billed them $1000.00. The bill was never paid in spiteof many promises being made. He sued and got judgement and the story was about what he went through trying to collect the money he was owed. basically after going through the entire process of having to hire people to serve paperwork on the company that owed him and accounting for his own time invested he ended up with $100.00 of the $1000.00 judgement. It is so easy to say "I will sue" but no one tells you what is involved in actually collecting the money.