In Pennsylvania, there is a law of surface waters found in legal case law. That is, a municipality or another property owner is responsible for harm to an adjoining landowner if that first owner or municipality artificially diverts or channels surface water (including storm water) onto that adjoining property.
Even if there is not additional volume of water, if the storm water is diverted resulting in higher intensity or concentrated flow, then there is liability if damages result.
A municipality has the right to manage storm water and to protect public health and safety. However, it must balance that with the rights of adjoining landowners.
If a storm drain system or runoff pipes are negligently constructed such that they do not adequately control the runoff, then there is liability for harm caused.
This can be found at the Pennsylvania Storm Water Management Act (32 PS Section 680.13 et seq). The … Read More