Liddle & Dubin, P.C., a national law firm based in Detroit, filed two lawsuits this week seeking to represent all homeowners and business owners in the area who suffered property damage last week following the catastrophic failure of the Edenville Dam.
One of the lawsuits, the first of its kind to be filed following the Edenville Dam failure, alleges that Michigan Attorney General Dana Nessel and county and state officials made decisions regarding the operation of the dam that caused the dam to fail.
The case, filed in federal court, alleges that Nessel, Midland County, Gladwin County, the Michigan Department of Environment, Great Lakes, and Energy (EGLE), the Michigan Department of Natural Resources (MDNR), Boyce Hydro, and several others negligently operated and maintained the dam.
The lawsuit alleges that Nessel and county officials intentionally increased water levels to dangerous levels just two weeks before the catastrophic flood in an effort to protect freshwater muscles and boating activity on Wixom Lake. This change was approved without any independent study or evaluation regarding the safety of the proposed increased levels.
This modification was especially negligent, according to the lawsuit, given the well-documented, dilapidated condition of the dam for years prior to its failure. County and state officials have known for years that the Edenville Dam was unsafe and could not adequately handle excess stormwater.
In fact, the Federal Energy Regulatory Commission (FERC) had revoked private operator Boyce Hydro’s license because of the dam’s inadequate spillway capacity and specifically noted that the “[f]ailure of the Edenville dam could result in the loss of human life and the destruction of property and infrastructure.”
Flood victims in Michigan have a number of rights against governments that cause flooding. One of those rights requires flood victims to file a written Notice of Claim on the potentially responsible governmental agencies. This most occur within 45 from the date the flood was discovered.
Depending on when you discovered the flood, the Notice of Claim deadline could be as early as July 3, 2020. Thus, you must act quickly!
We can help you file the appropriate Notice of Claim. If you have been impacted by this horrific flooding, we are here to help.
Thank you for completing the online form. We will contact you once we have had an opportunity to review your information.
Please note that the completion of this form does not mean that you are hiring our law firm, or will be receiving legal representation. In other words, your response to this form will not establish an attorney-client relationship.
If you have any other questions or concerns, please feel free to contact us.
Liddle & Dubin P.C. is one of the premier class action firms. The attorneys of Liddle & Dubin have more than 50 years of combined experience representing Michigan flood victims and have represented over 50,000 people in flooding cases in the State of Michigan and throughout the Midwest.