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Suit Allowed After Giardia Warning
Publication year - 1997
Publication title -
journal ‐ american water works association
Language(s) - English
Resource type - Journals
SCImago Journal Rank - 0.466
H-Index - 74
eISSN - 1551-8833
pISSN - 0003-150X
DOI - 10.1002/j.1551-8833.1997.tb08314.x
Subject(s) - warranty , business , law , water supply , liability , water industry , political science , engineering , environmental engineering
A municipal water authority was not immune from liability for a customer's suit regarding breach of implied warranty arising from contamination of the water supply by Giardia. The customer filed a class‐action suit against McKeesport Water Authority (MWA) in connection with contamination of the McKeesport area water supply by Giardia in 1984. The customer alleged he represented a class of people who, on or before Feb. 24, 1984, entered into a month‐to‐month contract in which MWA agreed to continuously supply potable water required by the respective households. The customer further alleged MWA advised customers on Feb. 24, 1984, that the water was unsafe for human consumption because it was contaminated by a parasite. The authority said it was immune from suit under state law. The trial court ruled against the authority. According to the court, a 1945 state law allowed authorities to enter into contracts and specifically provided that they may be sued. The trial court decision was affirmed.