(Des Moines, Iowa) – The Iowa Supreme Court has ruled in favor of a couple from Council Bluffs, who sued Council Bluffs Water Works for damages to their home and property, resulting from multiple water main breaks. Court documents indicate Jim and Angela Sutton’s house in Council Bluffs sits near an intersection where an underground water main broke in November 2020, sending water flowing to the surface. The Suttons alerted Council Bluffs Water Works to the problem and, over the next eight weeks, crews inspected and repaired breaks to the pipe on five different occasions. The escaping water soon became standing water.

The Suttons allege that all the water caused their house to settle, resulting in damage to its foundation, interior walls, garage floors, and doors. They sued Water Works under two legal theories: count 1, strict liability; and count 2, negligence. Water Works moved to dismiss the strict liability claim, arguing that the Iowa Municipal Tort Claims Act doesn’t permit a strict liability claim against it. The district court denied the motion.

Water Works’ officials appealed the decision to deny the claim. In making its decision, the Justices had to consider “Whether the Iowa Municipal Tort Claims Act allows a claim for strict liability—liability that doesn’t depend on negligence or intent to do harm—against a municipality for damage caused by an underground water main break.” They concluded Water Works attorneys failed to show that the Iowa Municipal Tort Claims Act bars the Suttons’ claim for damages based on strict liability. They therefore affirmed the district court’s denial of the motion to dismiss this claim.

Their decision was filed today (Friday).