[WSBARP] Common Enemy issue (maybe)

[James Jackson]

Client owns a home on a corner lot in north Seattle.

Seattle DOT repaved the roadway, and installed a traffic control island at the intersection.  Raised the intersection about two feet.
As a result, rainwater collects at the corner (right of way) , and is does not drain in any direction based on the topography.  Puddles up to 40 feet wide will accumulate, and sit for days/weeks until they are finally absorbed.

Water does not flood onto the client's property, but rises to about six inches in the right of way.  He actually has to put on rain boots to get to his car and mailbox.

He has contacted the DOT, which has done nothing but send inspectors over to scratch their heads.

Winter is coming.

Is there a cause of action?  I've done some research, but I haven't seen anything were the water doesn't flood the plaintiff's property.


James A. Jackson
Simburg Ketter Sheppard & Purdy, LLP
999 Third Ave., #2525
Seattle, WA 98104
T: (206) 382-2600
F: (206) 223-3929

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