Man sues council after floodwater badly damaged his house

A man has told the High Court that flood waters flowed across his property like “a small tsunami” before entering and causing extensive damage to his family home.

Chris Mahon said he heard what seemed like a cracking noise before just before water from a local stream flooded his home and property in November 2014.

Attempts were made to put sandbags around his home but the water started to come in over his boots and the family dog was swimming in the yard before being rescued by one of his children, he said.

Eventually the water breached the front door of his home, the second time it was flooded in six years.

Mr Mahon was giving evidence in an action by him and his wife Shelia against Laois County Council over flood damage to their home at Clonaheen, Mountmellick, in August 2008 and November 2014.

Mr Mahon, who became upset while giving evidence, said the downstairs of their home and property were badly damaged on both occasions. The second flooding incident “absolutely destroyed me” and was “even worse” than the first flood.

Extensive repairs

For health reasons, his wife had to stay elsewhere while he carried out extensive repairs and the water damaged the interior of their home, yard and drinking water supply. The yard was covered in a green coloured growth and smelt “like seaweed off a beach”.

After the floods, it took a long time to get their home “right” and he can no longer get flood insurance. The family fear they may be flooded again and he regularly checks the stream and culvert, he said.

The council has not rectified the situation and “ought to be ashamed of itself”, he also said.

The couple, represented by John Paul Shortt SC and John Hayden, say they moved into their home in 1993 and never had any problems with flooding before a new culvert was laid by the council in summer 2007.

It is claimed the council was negligent in how the works were carried out and part of the culvert collapsed and became backed up. The couple claim this led to the stream overflowing and their home and property being twice extensively damaged.

They also claim the council failed to take any remedial steps to repair the alleged defects.

Further flooding

They want damages and an injunction requiring the council to carry out all necessary works to secure the integrity of the culvert to prevent further flooding.

The council, represented by Michael Counihan SC, denies negligence and pleads the flooding was caused by intense rainfall of record proportions and not by any problem with the culvert.

It also pleads that the Mahons contributed to the flooding including by removing a clay embankment that protected the property from flooding when constructing a new entrance to their home.

The case is before Mr Justice Paul McDermott who, after hearing Mr Mahon’s account of the impact of the flooding on the family, said it was “an appalling story”. Whatever about the legalities, there was perhaps “a civic duty” that steps be taken by the local authority to ensure the Mahons’ home is not flooded again, he remarked.

He also suggested aspects of the case be mediated. To facilitate discussions between the parties, the hearing was adjourned to Wednesday afternoon.