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Kid Falls Into Septic Tank and Dies - H.I. Sued


hausdok

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I write up an inadequate dug-well or cistern cover, flimsy cesspool or septic tank lid at least once a week, sometimes several a week. Today:

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I carry caution tape for hazards too. I've used it mostly at commercial buildings and occasionally to really upset some agents, when they try to minimize the concern over a serious condition.

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I bet the idea to hold the inspector liable had to do with lack to identify a general safety hazard and not with the lack of inspecting a septic system.

That's what I was thinking also.

Every septic system in my county needs an inspection during a property transfer. The very first item on the inspection form is:

a. The tank has safety secured tight-fitting lid.

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This judgement is disturbing . In Taxachusettes , the Septic systems have to be inspected prior to the sale of property . This inspection must be done by people trained and licensed by the DEP . This inspection must also be signed off by the local board of health . There would have been a Septic Inspection , and a pump truck present . The home inspector would have no business inspecting this tank / cover etc .

A Septic system evaluation is also not required as per The Home Inspector License . This is certainly a slippery slope , I hope there is an appeal .

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Unfortunately in our litigious society when someone is harmed, especially a child, the lawyers line up everyone who comes close to the property and empties their pockets.

My general rule is if its a safety hazard it goes into the report. Unfortunately with septic systems you would have to walk the property to find out if there is an issue.

//Rick

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  • 4 months later...

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