Because water is very important, the water company must provide service to all people who want it and pay its rates. A water company has a duty to provide all of its customers with an adequate supply of water that can be used without harming their health and at an appropriate level of pressure. If a customer has faithfully paid the water bill over the years, it is implied that the water company will continue to provide water service as long as the bills are paid. Failing to supply water to a paying customer is a breach of contract. A water company is responsible for all damages that result from failing to supply its customer as promised. However, non-payment or willful waste may be legitimate grounds for cutting off your water service.
The water company cannot stop your service if you did not pay your bill because you are challenging an unreasonable, discriminatory, excessive, or erroneous charge. If you believe the water company has stopped your service in error, contact the company immediately. The water company does not have to notify you in advance of temporary termination of water service, but if it has unjustly terminated your service and refuses to restore it, you can take the company to court. In court, you can get an injunction to compel a water company to perform its public duty by continuing service.
Yes. Though the water company may be a public utility run by the government, water companies usually do not get governmental immunity. In addition to getting your service restored, you can sue for any damages you suffered while you had no water, assuming the lack of water caused the injury.
Termination of water service can have a devastating effect on your family. An experienced real estate lawyer can help avoid a termination of your service or help you get it back through an injunction and recover any damages.
Last Modified: 03-26-2018 03:19 AM PDTLaw Library Disclaimer
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