Governmental and Private Liability for Flooding

In recent years the frequency and severity of heavy precipitation and floods in parts of the United States have been increasing to a statistically significant degree, and this trend is expected to worsen. This article summarizes some of the liability issues that result from floods, and efforts to control them. Under governmental liability, the author highlights multiple participating factors including sovereign immunity, structural measures, nonstructural measures, flood-related regulations, and land use regulations. Under private liability, the column points to issues regarding neighboring property owners, dams and other obstructions, overflow, insurance, utilities, and design professionals. Lastly, the author draws upon the Hurricane Katrina Case where the U.S. Court of Appeals heard oral arguments in an important case on flood liability.