Also, if subsidence were demonstrably involved, identifying the responsible party or entity would not easy. Many pumpers may draw from an aquifer, including various utilities and a number of private pumpers. Further, pumping may have occurred over a long period of time. To associate subsidence damage with the activities of a particular pumper at a particular time would be very difficult. The complexity of the task, not to mention the expense involved, would likely put off those inclined to file claims.
Homeowners are more likely to be successful when suing a developer for subsidence damages.
Determining liability is less arduous when it can be demonstrated that a developer was negligent in choosing a construction site by not considering the possibility of subsidence. Developers usually hire consultants to check out the geological characteristics of a site before they build. Even before seeking legal redress, however, most people who believe their property is damaged by subsidence would likely check their homeowners insurance policy for appropriate coverage. Disappointment awaits them. These exclusions are typical of most homeowners insurance policies.