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SEPTIC SYSTEM INSPECT DIAGNOSE REPAIR
SEPTIC CARE INSTRUCTIONS
SEPTIC D-BOX INSTALL REPAIR
SEPTIC DRAINFIELD FAILURE DIAGNOSIS
SEPTIC DYE TEST PROCEDURE
SEPTIC FAILURE SIGNS
SEPTIC INSPECTION & TEST GUIDE
SEPTIC LIFE EXPECTANCY
SEPTIC SUPPLIES & PARTS
SEPTIC SYSTEM DESIGN ALTERNATIVES
SEPTIC SYSTEM DESIGN BASICS
SEPTIC SYSTEMS, HOME BUYERS GUIDE to
SEPTIC SYSTEM SAFETY WARNINGS
SEPTIC TREATMENTS & CHEMICALS
SEWAGE BACKUP PREVENTION
SEWAGE EJECTOR / GRINDER PUMPS
SEWER GAS ODORS
SEWER LINE REPLACEMENT
SINKHOLES, WARNING SIGNS
SOAKAWAY BED FAILURE DIAGNOSIS
SULPHUR & SEWER GAS SMELL SOURCES
TOILETS, INSPECT, INSTALL, REPAIR
TRAPS on PLUMBING FIXTURES
TREATMENTS & CHEMICALS, SEPTIC
VIDEO GUIDES: Septic Videos
WATER CONSERVATION MEASURES
WATER SOFTENERS & CONDITIONERS
WATER SUPPLY & DRAIN PIPING
WATER, WELLS, WATER TANKS: TESTING GUIDE
WASHING MACHINES & SEPTIC SYSTEMS
WASTEWATER TREATMENT BASICS
WINTERIZE A BUILDING
This document describes a septic lawsuit: a defective septic test and bad septic inspection led to a lawsuit after property buyers discovered, 24-hours after moving in to their new home, that the septic system was not functional, having a totally blocked septic tank and a completely failed leach field.
The text demonstrates how to prove that a septic inspection and dye test were improperly conducted, failing to have even a chance of protecting the client from the expensive surprise need to completely replace a septic tank and leach field.
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Septic Failure Lawsuit - Litigation Addresses Inadequate Septic System Inspection & Testing that Failed to Detect a Non-Functional Septic System
Buyer later found no proper system installed, had to install a "trans vac" pump up mound system, for $16,000, total damages $28,000.
Area reported to be known for poor drainage, making mound system requirement likely.
Our photo (left) shows a laundry drain (photo left foreground) where septic dye tablets (not enough of them) were placed during an improper septic loading and dye test.
In the distance (photo center and right) can be seen the house main drain. It is possible that the washing machine drain does not connect to the distant sewer line. Fixtures emptying into the sewer line, not the washing machine drain, should be used when performing a septic loading and dye test.
Our photograph (left) shows a home made septic tank that is packed with solid waste
. It is likely (not certain) that an adequate septic loading and dye test would manifest septic system failure as a backup or breakout during testing of a septic system such as this one.
Assertions Made by the Plaintiff Regarding Inadequate Performance of a Septic Loading and Dye Test - Errors of Omission and Commission
7/3/95 Note to File: arbitrator found for the plaintiff in full, holding that a proper septic loading and dye test had not been not performed and the protection contracted-for was not provided.
Key in this case was that the plaintiff did not attempt to prove that a properly performed septic test would definitely have discovered the failed septic system, although given the totally impacted septic tank a proper test would almost certainly have done so. Rather the plaintiff argued that the contracted-for protection was not provided. In other words, the plaintiff was denied even the opportunity to possibly discover that the septic system had failed because the "septic test" performed by the inspector was completely incompetent.
© 2014 - 1984 DF. Citation of this article by reference to this website and brief quotation for the sole purpose of review are permitted. Use of this information at other websites, in books or pamphlets for sale is reserved to the author. Technical review by industry experts has been performed and comments from readers are welcomed. Contributors are listed at the end of each article.
This article is part of our series: Inspecting, Testing, & Maintaining Residential Septic Systems an online book on septic systems.
SEPTPROB.TXT - Excerpt from DJ Friedman arbitration file
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