Sewer Backups Caused by City Negligence in Colorado: Can Homeowners Recover for Their Damages?
Imagine waking up to the sight—and smell—of raw sewage flooding your finished basement. This is the reality many Colorado homeowners face when a municipal sewer system fails. The damage can be catastrophic: ruined flooring, destroyed personal property, inoperable HVAC systems, and dangerous contamination. Even worse, homeowners insurance policies often contain sublimits that leave you with tens of thousands in uncovered losses.
So what happens when the city is to blame?
In Colorado, homeowners may have the right to hold municipalities accountable for sewer backups caused by city negligence. This article explains how the Colorado Governmental Immunity Act (CGIA) governs claims against local governments and outlines the steps and evidence needed to protect your rights.
When Is a City Liable for Sewer Backups?
Generally, Colorado cities and towns are immune from lawsuits unless the legislature has specifically waived that immunity. Fortunately, one of the most common exceptions involves public sewer systems.
The Key Exception: Operation and Maintenance of a Sewer System
Under C.R.S. § 24-10-106(1)(f) of the CGIA, governmental immunity is waived for:
“The operation and maintenance of any public water facility, sanitation facility, … or sewer system by such public entity.”
In plain terms, this means that if a city or its employees negligently operate or maintain a sewer system, and that negligence causes property damage—like a sewage backup into a private residence—the city may be legally responsible for the resulting losses.
What Constitutes Negligence?
Negligence might involve:
Failing to perform routine sewer maintenance;
Ignoring reports of prior blockages;
Delaying inspections of known problem areas;
Improperly repairing damaged or root-infiltrated pipes.
Statements by city utility workers or maintenance supervisors that acknowledge fault—especially if they admit a backup was due to a blocked or neglected city-owned manhole—can provide strong support for liability under the CGIA.
Homeowner’s Insurance Often Falls Short
Most standard homeowners policies contain strict sublimits for water or sewer backup coverage. While the damage from a backup can exceed $100,000, policies typically cap recovery at $25,000 under a special endorsement. Worse, the policy may completely exclude sewer backup unless you purchased this extra endorsement.
If your insurer pays only a small fraction of your losses, your only path to full recovery may be through a claim against the municipality responsible for the incident.
The Notice of Claim Requirement: Do Not Miss This Deadline
Before suing a city or other public entity in Colorado, the CGIA requires that you serve a formal Notice of Claim. This step is not optional—and failure to strictly comply will bar your claim entirely.
Key Requirements of the Notice of Claim (C.R.S. § 24-10-109)
Must be served within 182 days (about 6 months) of discovering the loss;
Must be in writing and contain:
Your name and address;
A clear statement of what happened;
The name(s) of any known public employees involved;
The nature and extent of your injuries or damages;
The amount of damages you’re claiming;
Your signature or that of your attorney;
Must be served on the city’s governing body (e.g., City Clerk or City Council);
It may also need to be served on the Colorado Attorney General if the claim involves a state agency or employee.
Filing this notice does not mean you’ve filed a lawsuit—it simply preserves your right to do so.
What Evidence Should You Gather?
To support a claim against a municipality, you should gather and preserve the following:
1. City Statements and Admissions
Any statements made by city employees admitting fault
Names, titles, and dates of conversations with city utility workers or supervisors
Any city-issued reports or correspondence referencing the cause of the backup
2. Maintenance Records
Request city maintenance logs, sewer inspection reports, and incident logs through a Colorado Open Records Act (CORA) request
3. Photos and Video Evidence
Document the flooding, visible sewage, and affected areas
Include photos of damaged appliances, furniture, flooring, and walls
4. Invoices and Estimates
Water mitigation and cleanup bills
HVAC or appliance replacement receipts
Contractor estimates for reconstruction
A complete list of personal property losses
5. Statements from Other Affected Residents
If multiple homes on your street were affected, their testimony strengthens the case that the city’s system was at fault, not your individual plumbing
Can You Join with Other Homeowners?
In many cases, a joint or mass tort claim may be the most effective and cost-efficient strategy. If multiple homes on the same sewer line experienced backups due to a common obstruction, those homeowners may be able to join together and present a stronger claim. Doing so may also encourage involved insurance carriers to resolve claims more efficiently.
Conclusion: Legal Help Is Essential
Claims against municipalities are complex, and the CGIA notice of claim process is strictly enforced. If you or someone you know has suffered damages from a sewage backup caused by city negligence, you need a law firm with experience in Colorado governmental liability, insurance claims, and mass tort coordination.
At Hollington Law Firm, we represent homeowners throughout Colorado in consumer protection, construction, and municipal negligence matters. We’re ready to evaluate your claim, coordinate with other affected residents, and ensure your rights are protected.
The information provided on this website is for general informational purposes only and should not be construed as legal advice or legal opinion. You should not act or refrain from acting on the basis of any information provided on this website without seeking legal advice from an attorney.