Sump Pump Chump Dumped on Rump, Seeks Plump Sum

Back in August 2011, Christopher Hepburn wiped out while riding his bike along the SouthPointe Trail between 32nd and 34th Streets. Now he’s suing the current and former owners of the home adjacent to where he fell. Hepburn isn’t after some little payout, either. He’s after at least $100,000 for medical expenses, plus the traditional “pain and suffering” bonus.

The Journal Star first posted their article about this lawsuit on the 26th. I was going to write something about it then, but I decided to hold off to gauge the reaction. I’m glad I did. The general tone of comments on the article, as well as conversations I’ve had elsewhere, is that Mr. Hepburn is a jerk looking for a free payday. And maybe he is. Perhaps he’s exaggerating his case, as those who sue have been known to do, in order to make a little cash. Perhaps he should “man up”, accept the fact that he’s a clumsy oaf, and stop trying to blame other people for his problems. I’ve certainly said that before about folks involved in lawsuits.

I don’t think it’s that simple. First off, if Mr. Hepburn were after an easy payday he should have included the City of Lincoln in his lawsuit. The accident happened on a public trail after all. If the lawsuit were all about the money, wouldn’t you include the source with the largest checkbook?

Second, there’s the fact that the portion of trail Mr. Hepburn wiped out on should have been perfectly safe at that time of year. He didn’t crash on a patch of black ice or a sneaky bit of frost. Nor did the crash occur on a steep hill, a winding curve, or an area prone to goose attacks. (The latter can be experienced just a few blocks north and east of the accident location on the Tierra/Williamsburg Trail.) It should have been a perfectly normal chunk of concrete.

The lawsuit implies that the home’s sump pump was sending water off the property, across the bike trail, and into the adjacent drainage ditch. That’s not necessarily an awful thing, particularly if water is only sent across the trail periodically. If it only happened after a large rainfall, for example, the trail would likely be wet anyway. In addition, it’s not an unusual situation. The City of Lincoln directs storm water across the Billy Wolf Trail along Capitol Parkway and in the 27th & Capitol Parkway underpass. Signs warn of potentially slippery conditions.

But what if the sump pump was sending water onto the trail even in otherwise dry conditions? That situation would present two dangers: (1) it could promote the growth of slippery, slimy algae, mold, or the like; and (2) the slippery conditions would catch trail users off guard because who expects slime on a well-used trail on an otherwise hot and dry day? Sure, trail users must be vigilant to protect themselves from the sorts of dangers they might reasonably expect to encounter on a public trail—bumps and dips in the concrete, for example. But somewhere there lies a corresponding responsibility of those who might somehow “harm” the trail or its ability to be used. The same is true for every public good, including sidewalks, roads, public utilities, and so forth.

Indeed, it’s illegal to push snow from your property into the street for this very reason. It’s reasonable for drivers to expect certain conditions when driving in the snow. But when a property owner puts his snow into the street, the conditions may be worse than a driver could reasonably expect. There might be a larger-than-expected “hump” of snow, for example, which could cause a loss of control. Or pushing snow onto an otherwise clear road could make that section of the road unexpectedly slick.

I don’t know if the homeowners should be held financially responsible for Mr. Hepburn’s injuries. I don’t know if they were aware that their sump pump had (allegedly!) created a dangerous situation. (Who thinks to ask their builder, “Hey, did you install the sump pump such that it won’t create hazardous conditions on that bike trail out back?”) But I do know that Mr. Hepburn can’t automatically be assumed to be an idiot or an asshole. Give the guy a chance to make his case.

And while it’s on your mind, go check your property (and adjacent public areas) for any obvious unsafe conditions you might be causing. Save yourself a headache later on.

Reply to this post