Legal aspects of sinkhole development and flooding in karst terranes: 1. Review and synthesis

Structures built within the area of influence of a sinkhole can be affected by collapse, subsidence, or flooding. Unanticipated property losses may be involved, and litigation commonly ensues. Insurance compensation for damages that result from sinkhole collapse or subsidence in a karst terrane are covered by statute only in Florida and by voluntary agreement of companies operating in Tennessee Liability or insurance compensation for damages resulting from sinkhole flooding is not specifically covered by any state or federal statute. Regulations of the National Flood Insurance Program have been interpreted to allow coverage by this program for homes affected by sinkhole flooding in Bowling Green, Kentucky In the present article, case law, legal concepts of groundwater and surface water, liability, and law review articles relevant to sinkhole litigation are summarized The rationales of plaintiffs and defendants are reviewed Liability for damages have been based on allegations of negligence, breach of various water law doctrines, trespass, nuisance, loss of support, breach of contract, and implied warranty of habitability Defenses against these allegations have been based on the merits of each of them and oncaveat emptor Several alternative rationales for claiming liability for losses incurred because of sinkhole development or flooding are proposed and discussed. The little-knownHenderson v Wade Sand and Gravel is highly recommended as an alternative leading case that clearly and justifiably gives protection to adjacent landowners, and ties liability for damages caused by groundwater pumpage to nuisance law and related interference with property rights. Several little-known litigated cases of sinkhole development in response to groundwater pumpage will be summarized in a second article at a later date. Concepts of liability are evolving It can be expected that the professional geologist or engineer will have an increasing number of claims made against him or her which allege responsibility for sinkhole-related damages. Such damages can often be prevented by creative zoning, sound engineering, and better husbandry of land.