Why doesn’t the estate treat the borehole water?
With the drought that is on every person lips it seems like a good idea to make use of the borehole or even well point water. The estate would save thousands if they treat the water that is available and then distribute it to the members of the estate. That would have a big savings effect on the cash flow of the estate. Every person will benefit from this brilliant idea.
Advice for estate water treatment.
It sounds good to treat the borehole or well point water to supply the estate with portable water. There is a legal aspect that must comply with. Did you know that municipalities conduct thousands of water tests every month just to comply with the legal aspects? If the estate wants to treat their own water then they must comply with the legislation regarding portable water.
Legal claim against estate due to water treatment.
The estate decided that they would treat the water and provide it to the residence. Is the estate free from any claim against the estate due to the water? No! The estate can claim that they test the water every month and that it complies with the standards. A resident that lives in the estate who is a family member of mine. The person was a very healthy person before moving to the estate a year ago. She develops kidney failure and the medical bills are sky high. The person die and nobody in the estate think anything about it. I decided to do some investigation. I took a water sample from her house for analysis. My focus is on a few elements that cause kidney failure. When I receive the water analysis there was one element that was high that was also tested by the estate every three months.
Claim against the estate due to the water treatment.
I institute a claim against the estate for the death of the person due to the kidney failure. I use the high reading of the element that indicated that the element is above the standard. It is now up to the estate to proof that the element was below the standard. Let’s say the element is high on their analysis reports. They must now proof to the court on what action they have taken to rectify the problem. On just rectify but also the tests that were conducted after the implementation of the corrective action. Was the reading below the standard or did they not even bother to test the water.
If the verdict is in my favour. I would now look and see if I can institute any claim in the personal capacity of the owners of the estate. They are the once that benefit from the savings and is personally responsible for the quality of the water. They vote for the treatment of the water.
Any person that stayed on that estate would be able to take legal action. It only requires one person to win a claim and the rest will follow.