Tag Archive for: #OklahomaSewerLawyers

Can I Sue a City for a Sewer Backup? Know The Laws

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If a city has failed to properly maintain its sewer system and caused a backup into your home, you may be entitled to compensation: 

 
As a homeowner in Oklahoma, you have the right to expect that your property will be protected from harm caused by the actions of your local government’s negligence. This includes the responsibility of the city to maintain its sewer system to prevent backups that can cause significant damage to your home and belongings.
 
Under Oklahoma Law, cities and other government entities are generally immune from lawsuits for their actions unless the government has waived that immunity. However, there are exceptions to this rule, and one of them involves “proprietary functions” of the government. A proprietary function is one that is performed by a government entity in the same manner as a private business or individual would perform it. In the case of a city sewer backup, maintenance and operation of the sewer system is a proprietary function of the city. Therefore, if the city has negligently failed to maintain the sewer system, and that negligence has caused a sewer backup into your home, you may be able to entitled to compensation for damages.
 
It is important to note that there are strict deadlines for filing lawsuits against government entities, so it is important to act quickly if you believe you have a claim.
 
If you have experienced a sewer backup in your home caused by the negligence of your city’s infrastructure, contact Oklahoma Sewer Lawyers so we can help you navigate the legal process and protect your rights. At Oklahoma Sewer Lawyers, we are committed to helping Oklahomas fight for justice and compensation!

Office Phone: (405)-604-5577

Email: oksewerlawyers@gmail.com

Sewer Education: How Does A Sewer Line Actually Work?

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Understanding Sewer Collection Systems: Who’s Responsible for What? And How Does It Work? 

Sewer backups are more than just an inconvenience—they can cause extensive damage to homes and create serious health hazards. Unfortunately, when these incidents occur, many homeowners are left wondering who is responsible for fixing the problem. Cities and municipalities often deny liability, shifting the burden onto homeowners, even when the law says otherwise.

In Oklahoma, the legal responsibility for sewer lines is divided between homeowners and the City. However, there is often confusion—sometimes intentional—about where the City’s responsibility begins and ends. Let’s break down how a sewer collection system works and clarify who is responsible for what.

How a Sewer Collection System Works:

A sewer collection system is designed to carry wastewater from homes and businesses to a treatment facility. The system consists of several key components:

  • Lateral Line (Private Side): This is the pipe that connects a home’s plumbing to the City’s sewer system. It runs from the house to the edge of the homeowner’s property and continues to where it connects with the City’s infrastructure.
  • Lateral Line (Public Side): Once the lateral line crosses into the public right-of-way—whether that’s an easement, alley, or under the street—it becomes the City’s responsibility.
  • Main Sewer Line: This is the large pipe that collects wastewater from multiple homes and businesses and transports it to the City’s treatment facility. The City is fully responsible for maintaining and repairing the main line.

How Sewer Laterals Connects Your Home to the Sewer

Homeowner vs. City Responsibility

Despite what the City may claim when denying a sewer backup or damage claim, Oklahoma law is clear:

  • Homeowners are responsible for the lateral line on their property. This means that if a blockage or break occurs in the portion of the lateral that is within the homeowner’s yard, driveway, or under their house, the homeowner must pay for repairs.
  • The City is responsible for the lateral line in the easement or under the street. Once the lateral extends beyond private property into a public right-of-way, the City must maintain and repair it. This also means that if a blockage occurs in this section, the City—not the homeowner—is responsible.
  • The City is responsible for the main collection line. Any damage or blockage in the main sewer line falls squarely on the City.

Why This Matters:

Many homeowners assume that if sewage backs up into their home, the City will take care of the problem. Unfortunately, Cities frequently deny responsibility, even when the issue is in the portion of the lateral they are legally required to maintain. This can leave homeowners fighting an uphill battle to get their damages covered.

If you experience a sewer backup, it’s important to investigate the cause. A professional plumber can use a camera inspection to determine whether the issue is in your private lateral or the public section. If the blockage is in the City’s portion, you may have legal grounds to seek compensation for damages.

At Oklahoma Sewer Lawyers we help homeowners hold Cities accountable when they neglect their responsibilities. If you’ve experienced a sewer backup and believe the City is at fault, contact us to discuss your legal options.

Office Phone: (405)-604-5577

Email: oksewerlawyers@gmail.com

Denied Claim? Don’t Worry. Know The Laws

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What Happens If the City Denies Your Sewer Backup Claim?

Receiving a denial letter from a city after filing a sewer backup claim can be frustrating. After documenting the damage, completing a Notice of Tort Claim, and waiting through the claims process, many homeowners assume that a denial means their case is over.

In many situations, that is not the case.

A municipality’s decision to deny a claim during the pre-litigation process does not necessarily mean it cannot be held legally responsible. Rather, it often marks the beginning of the next stage of the legal process.

A Denied Claim Is Not the Final Decision:

Cities and their insurance carriers routinely evaluate and respond to claims filed against them. A denial simply means the municipality has chosen not to voluntarily resolve the claim during the administrative process.

Depending on the facts of the case and the applicable law, homeowners may have additional legal options available after a denial.

Why Are Claims Denied?

Every claim is different, but municipalities may deny claims for a variety of reasons, including:

  • Disputes regarding the cause of the sewer backup
  • Allegations that the municipality was not negligent
  • Questions regarding the extent of the damages
  • Procedural or legal defenses
  • Disagreements regarding liability

A denial does not automatically mean these positions are correct. It simply reflects the municipality’s position at that stage of the claims process.

The Importance of Legal Representation:

Claims involving municipal sewer backups often require a thorough investigation. Determining the cause of the backup may involve reviewing maintenance records, consulting with engineers, evaluating inspection reports, and preserving evidence related to the incident.

An experienced attorney can help evaluate whether the municipality’s denial is supported by the facts and advise homeowners regarding the next steps available under Oklahoma law.

Real Results:

At Oklahoma Sewer Lawyers, we have represented homeowners throughout Oklahoma who were initially told that the city was not responsible for their sewer backup.

For example, in 2020, our clients were informed by the City of Durant that it denied responsibility for a sewer backup that caused extensive damage to their home. Rather than accepting that decision, our attorneys continued to investigate the case and pursued the matter through trial. The jury ultimately returned a $400,000 verdict in favor of our clients.

While every case is unique and past results do not guarantee future outcomes, this case illustrates that a denial from the city is not always the final word.

Contact Oklahoma Sewer Lawyers:

If your municipal sewer backup claim has been denied, do not assume your legal options have ended. The attorneys at Oklahoma Sewer Lawyers can evaluate your claim, explain your rights, and help determine the appropriate next steps.

Office: (405) 604-5577

Email: oksewerlawyers@gmail.com

Is Your Sewer System About To Fail? Protect Yourself

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Signs Your Sewer Line May Be About to Fail and How to Protect Yourself:

One of the best ways to protect your home from a sewer backup is recognizing the warning signs before a major problem occurs. While some sewer backups happen without warning, many homes experience early symptoms that indicate a blockage, damaged sewer line, or developing issue within the plumbing or municipal sewer system.

If you notice any of the following warning signs, it’s important to have the problem evaluated as soon as possible

Common Warning Signs:

  • Slow drains throughout multiple areas of the home
  • Toilets that frequently clog or flush slowly
  • Gurgling sounds coming from sinks, bathtubs, or toilets
  • Water backing up into showers or tubs when another plumbing fixture is being used
  • Persistent sewage odors inside or outside the home
  • Standing water near sewer clean-outs or access points
  • Wet, sunken, or unusually green areas in the yard
  • Multiple plumbing fixtures backing up at the same time

6 Signs You Could Have A Sewer Backup

What Do These Signs Mean?

Some of these warning signs may indicate a problem within your home’s private sewer line, while others could be the result of a blockage or failure within the municipal sewer system. Determining where the problem originated is an important first step in identifying the appropriate course of action.

A licensed plumber can often help determine whether the issue is located within your private sewer line or the city’s sewer infrastructure. If you think the city may be responsible, please contact a profession lawyers, such as Oklahoma Sewer Lawyers. 

Protect Yourself:

If a sewer backup occurs, document the damage immediately. Take photographs and videos of the affected areas, damaged belongings, and any visible sewage. It is also helpful to record the date and time the backup occurred, the warning signs you noticed beforehand, and any conversations with city employees, plumbers, or restoration companies.

This information may become important when filing an insurance claim or evaluating whether the backup originated within the municipal sewer system.

When to Seek Legal Guidance:

If you believe your sewer backup may have been caused by a failure within the municipal sewer system, Oklahoma Sewer Lawyers can help you understand your legal rights and evaluate your potential claim. It is important to know the signs early on in order to protect yourself and your family! If you have any questions please contact us today! 

Office: (405) 604-5577

Email: oksewerlawyers@gmail.com

The Reich’s Story: Reichs VS Del City

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Del City, Oklahoma:

For Brandy Reich and her mother, Twila, what seemed like an ordinary plumbing problem soon turned into a years-long battle for answers.

Brandy Reich (right), receiving her settlement check after years of fighting.

Their home began experiencing slow-running drains, toilets that repeatedly refused to flush, and sewer backups coming from the clean-out in their backyard. As the plumbing problems continued to worsen, they hired multiple plumbers hoping to identify the source of the issue, but the problems only continued and got worse.

 Construction of a drainage ditch behind the Reichs’ property had crushed their private sewer line, preventing wastewater from flowing properly and causing the repeated sewer issues they had been living with. The damage was not the result of a defect within their home’s plumbing, but rather a sewer line that had been damaged during the drainage project.

Brandy and Twila knew they needed a professional and contacted Oklahoma Sewer Lawyers in October 2022 to investigate their claim and pursue accountability. The case required patience and persistence as they worked to obtain a solution that would not only repair the damage but also compensate them for the disruption they had endured.

After more than three years, the case reached a successful resolution. In January 2026, the City of Del City agreed to abate the nuisance, repair the Reichs’ crushed sewer line, and provide a settlement to resolve the family’s losses.

For the Reich family, the resolution meant more than fixing a sewer line—it meant finally putting an end to years of uncertainty and restoring peace of mind.

No family should have to endure sewer backups while searching for answers! If your home has been flooded by the negligence and failing infrastructure of the city, Jim Buxton of Oklahoma Sewer Lawyers is here to help you. Oklahoma Sewer Lawyers is committed to helping families all across Oklahoma get the justice they deserve!

Has your home been flooded by sewage? Are you seeking answers and justice? Contact Oklahoma Sewer Lawyers today! 

Office Phone: (405)-604-5577

Email: oksewerlawyers@gmail.com

Interested in learning more about this specific case? You can access and view the public court filings for this case here:

https://www.oscn.net/dockets/GetCaseInformation.aspx?db=oklahoma&number=CJ-2023-5930&cmid=4244444

The Gonzalez’s Story: Gonzalez VS City of Tulsa

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Tulsa, Oklahoma:

Pastors Frazier and Iris Gonzalez have dedicated their lives to serving their congregation at Iglesia De Amor Ministerios in Tulsa, Oklahoma. Their church is more than a building; it is a place of worship, fellowship, and community for many families throughout Tulsa. 

Iris and her husband Fraizier

On October 29, 2023, their beautiful church was suddenly flooded with raw sewage. 

Frazier and Iris say sewage erupted from the lower-level toilets and sinks “like a volcano”, spreading throughout the bathrooms, hallways, the kitchen, and even one of the church’s classrooms. What should have been a peaceful day of worship quickly became devastating chaos. The Church immediately called a plumbing company to determine the cause of the backup. After investigating the sewer lines, the plumbing company found that the City of Tulsa had not properly connected its pipes to the church’s sewer line, causing a backup.

The Gonzalezes contacted professional Oklahoma Sewer Lawyer Jim Buxton for help. Jim filed suit against the City of Tulsa, alleging that failures in the City’s sewer system caused a devastating backup to an innocent family ultimately retaining justice for the Gonzalez family and their church. 

For Iglesia De Amor Ministerios, this case was about more than repairing a building; it was about rebuilding a place of worship and community. A church should be a place where people can safely gather in faith, not sewage. Jim Buxton of Oklahoma Sewer Lawyers was proud to help the church pursue accountability and seek justice. 

No family should have to endure a sewer backup while searching for answers! If your home, or business has been flooded by the negligence and failing infrastructure of the city, Jim Buxton of Oklahoma Sewer Lawyers is here to help you. Oklahoma Sewer Lawyers is committed to helping families all across Oklahoma get the justice they deserve! 

Has your home been flooded by sewage? Are you seeking answers and justice? Contact the Oklahoma Sewer Lawyers today! 

Office Phone: (405)-604-5577

Email: oksewerlawyers@gmail.com

Interested in learning more about this specific case? You can access and view the public court filings for this case here: https://www.oscn.net/dockets/GetCaseInformation.aspx?db=tulsa&number=CJ-2024-2143&cmid=3697013

 

The Correa’s Story: Correa VS City of Moore

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Moore, Oklahoma:

 Alfredo and Astrid Correa were putting their children to bed on the evening of April 23, 2024, when an ordinary night suddenly turned into a nightmare.

The Correa Family

Astrid had just stepped out of the shower when she noticed water covering part of the master bedroom floor. Moments later, the family realized sewage was backing up into their home through multiple bathrooms. As Alfredo rushed to figure out what was happening, their young son got out of bed, slipped in the sewage-contaminated water, and hit his head.

The sewage quickly spread throughout portions of the home, affecting hallways, bathrooms, the master bedroom, and closet areas. The smell was overwhelming. Alfredo and Astrid spent the night trying to clean up the mess while comforting two frightened children who did not understand what was happening. To keep the sewage from spreading further, the family used towels and laundry to block the contaminated water. They even tried turning the situation into a game for their children, telling them the floor was lava so they would stay off the flooded areas. But as the night went on, the reality of the situation became impossible to ignore. The next day, the family contacted the City of Moore to report the sewer backup. Workers responded to investigate the sewer system serving the neighborhood. Utility personnel later advised them that the problem originated within the public sewer system. A remediation company was brought in to sanitize the home, remove moisture, and address contamination caused by the sewage intrusion.

The Correas were left dealing with damaged flooring, personal property losses, cleanup expenses, and the disruption that comes with having your home invaded by raw sewage. For families, a sewer backup is more than a plumbing problem. It can damage a home, destroy personal belongings, disrupt daily life, and create an unsafe living environment. The family knew they needed a professional and contacted Oklahoma Sewer Lawyer Jim Buxton to investigate the incident and pursue justice for the Correa family. 

No family should have to endure repeated sewer backups while searching for answers! If your home has been flooded by the negligence and failing infrastructure of the city, Jim Buxton of Oklahoma Sewer Lawyers is here to help you. Oklahoma Sewer Lawyers is committed to helping families all across Oklahoma get the justice they deserve!

Has your home been flooded by sewage? Are you seeking answers and justice? Contact the Oklahoma Sewer Lawyers today! 

Office Phone: (405)-604-5577

Email: oksewerlawyers@gmail.com

Interested in learning more about this specific case? You can access and view the public court filings for this case here:

https://www.oscn.net/dockets/GetCaseInformation.aspx?db=cleveland&number=CJ-2024-1574&cmid=2484696

Dalton Kerley’s Story: Kerley VS City of Bristow

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Bristow, Oklahoma: 

On the early morning of August 12, 2024, Dalton Kerley’s life was suddenly turned upside down due to a devastating sewer backup.

Dalton and his 2 dogs awoke to the strong odor of sewage throughout his home. As he stepped into the hallway, he discovered the horrifying sight of raw sewage flooding his whole house. The stench was unbearable. The sewage was leaking through his carpet floors, cabinets, and destroying his personal belongings. What began as an ordinary morning for Dalton, quickly became a nightmare due to the city’s negligence. 

The flood forced Dalton to quickly move his belongings and 2 dogs out of his home as professional crews began the lengthy and expensive cleanup process. Forcing Dalton to find new housing while also dealing with the tragedy of his house and belongings being destroyed. Dalton knew he needed a professional sewer lawyer to help him pursue justice. 

Dalton’s Flooded Living Room

Dalton’s Living Room After the Flood

Dalton contacted Jim Buxton of Oklahoma Sewer Lawyers to help investigate the sewer backup. Buxton worked to successfully uncover the truth behind the sewage backups and pursue justice for Dalton. 

No family should have to endure repeated sewer backups while searching for answers! If your home has been flooded by the negligence and failing infrastructure of the city, Jim Buxton of Oklahoma Sewer Lawyers is here to help you. Oklahoma Sewer Lawyers is committed to helping families all across Oklahoma get the justice they deserve!

Has your home been flooded by sewage? Are you seeking answers and justice? Contact the Oklahoma Sewer Lawyers today! 

Office Phone: (405)-604-5577

Email: oksewerlawyers@gmail.com

Interested in learning more about this specific case? You can access and view the public court filings for this case here: https://www.oscn.net/dockets/GetCaseInformation.aspx?db=creek&number=CJ-2025-0002&cmid=11671579

The Gallo’s Story: Gallo VS Oklahoma City

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Oklahoma City, Oklahoma:

When the Gallo family moved to Oklahoma City from New York, they believed they had found their dream home. The family was eager and excited to start their life in a brand new place. That was until their dream home became the site of 6 repeated raw sewage floods caused by the city in the course of just 4 years.

Gallo and her daughter

The Gallo family’s first sewer backup occurred in 2021, just months after moving halfway across the country. After each flood, the city offered a different explanation claiming it was an issue with the family’s personal plumping and not the cities. The Gallo’s followed every recommendation given by the city, paying to install back flow preventers, French drains, and repeatedly hiring plumbers. Yet between 2021 and 2024, the Gallo’s home and yard was flooded with raw sewage a total of 6 different times, with each backup becoming worse than the last one. By June of 2024, the family was at a breaking point after following every direction given by the city and spending their hard earned dollars on a problem they were not responsible for. The Gallo’s were unsure what to do next and realized they needed an experienced Oklahoma sewer lawyer to investigate who was really at fault.

The Gallo’s contacted Jim Buxton, an experienced sewer lawyer of Oklahoma Sewer Lawyers to investigate the repeated sewer backups. With extensive experience handling municipal sewer backup claims, Jim Buxton worked to investigate and uncover the cause of the recurring sewage floods and pursue justice on the family’s behalf. The case was successfully resolved with an $820,000.00 settlement for the Gallo family.

No family should have to endure repeated sewer backups while searching for answers! If your home has been flooded by the negligence and failing infrastructure of the city, Jim Buxton of Oklahoma Sewer Lawyers is here to help you. Oklahoma Sewer Lawyers is committed to helping families all across Oklahoma get the justice they deserve!

Has your home been flooded by sewage? Are you seeking answers and justice? Contact the Oklahoma Sewer Lawyers today! 

Office Phone: (405)-604-5577

Email: oksewerlawyers@gmail.com

Interested in learning more about this specific case? You can access and view the public court filings for this case here: https://www.oscn.net/dockets/GetCaseInformation.aspx?db=oklahoma&number=CJ-2024-6605&cmid=4364846

 

Extreme Racing for Charity Event

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We had the opportunity to connect with our Oklahoma City community at Remington Park’s annual Extreme Racing for Charity event. It was an incredible evening spent supporting a meaningful cause while connecting with local organizations, community members, and fellow supporters who are committed to making a difference.

At Buxton Law Group, we believe that serving our community extends beyond the courtroom. We are grateful to have participated in an event that helps raise awareness and support for important charitable initiatives, and we look forward to continuing to give back to the communities we proudly serve.

Thank you to everyone who made this event such a success. We are honored to have been a part of it!