IMPORTANT: If you are a Landlord and you provide water to your tenants via groundwater, below is a page from the website of one of the most aggressive law firms in the world, which should get your attention.
Groundwater Contamination
Attention Landlords Who Provide Water Via a Pump & Well System
The page above (Click Here) is a page from the website of Morgan & Morgan and is designed to draw the attention of tenants who get their drinking and other groundwater via a well provided by the landlord. It's an obvious attempt to catch the eye of your tenants. You should read on . . .
Florida Landlords’ Exposure in Groundwater Contamination Lawsuits
Private landlords in Florida face significant legal and financial exposure in groundwater contamination lawsuits if their rental properties provide contaminated water, causing harm to tenants. This exposure arises from their duty to ensure a habitable living environment, including safe drinking water, under Florida landlord-tenant law. Contamination, particularly from per-and polyfluoroalkyl substances (PFAS) (“forever chemicals”), volatile organic compounds (VOCs) like trichloroethylene (TCE), or bacteria (e.g., E. coli), is a growing concern in Florida due to military bases, industrial sites, and agricultural runoff.
Key Points of Landlord Liability
- Duty to Provide Safe Premises:
- Under Florida law, landlords have a legal obligation to maintain safe and habitable rental properties, including ensuring access to clean drinking water. If a landlord is aware, or should have been aware, of groundwater contamination and fails to address it, they could be held liable for tenant harm, such as health issues or property damage.
- Groundwater Contamination in Florida:
- Florida is among the states with significant PFAS contamination, often linked to military bases, airports, and industrial sites where firefighting foam (AFFF) or other PFAS-containing products were used. These chemicals seep into groundwater, affecting drinking water supplies. A U.S. Geological Survey study estimates 95 million Americans, including many in Florida, rely on PFAS-contaminated groundwater.
- Other contaminants like PCE and TCE, often from industrial activities or dry-cleaning operations, have also been found in Florida’s groundwater, posing risks of cancer and other health issues.
- Legal Grounds for Lawsuits:
- Tenants can sue landlords for negligence if they fail to address known contamination or ignore tenant complaints about water quality. To succeed, tenants must prove:
- The landlord knew or should have known about the contamination.
- Exposure to contaminated water caused harm (e.g., cancer, developmental issues, or other illnesses).
- The landlord’s inaction led to damages, such as medical costs or loss of property value.
- Lawsuits may also involve violations of the federal Safe Drinking Water Act (SDWA), which sets standards for public water systems, though it does not cover private wells serving fewer than 25 people.
- Notable Cases and Context:
- PFAS lawsuits in Florida often target manufacturers like 3M and DuPont, who produced PFAS-containing products, but landlords can be implicated if they lease properties with contaminated water sources. For example, a 2025 lawsuit filed by a Florida resident, Jean P., highlighted PFAS contamination in Miami-Dade County’s water supply, leading to kidney cancer.
- The city of Titusville joined a class-action settlement against 3M and DuPont in 2023 to recover costs for testing and remediating PFAS-contaminated wells, illustrating the widespread issue in Florida.
- Historical cases, like the Camp Lejeune water contamination (1953–1987), involved TCE and PCE, affecting Florida residents stationed there. While primarily against the federal government, these cases underscore the risks landlords face if they fail to monitor water quality.
- Landlord Defenses and Challenges:
- Landlords may argue they were unaware of the contamination, especially if it stems from external sources like nearby industrial or military activities. However, courts may hold them liable if they ignored tenant complaints or failed to test water quality when contamination was reasonably foreseeable.
- Proving causation (linking contamination to specific health issues) is complex and requires evidence like water tests, medical records, and expert testimony, which can be a hurdle for tenants but also a defense for landlords.
- Practical Risks for Landlords:
- Financial Exposure: Lawsuits can result in compensation for tenants’ medical bills, pain and suffering, lost wages, and property devaluation. Landlords may also face costs for water testing, filtration systems, or property remediation.
- Reputation and Tenancy Issues: Contamination lawsuits can damage a landlord’s reputation, making it harder to attract tenants or maintain property values.
- Regulatory Pressure: The EPA’s 2024 national standards for PFAS (limiting PFOA and PFOS to 4 parts per trillion) increase scrutiny on water quality, potentially exposing landlords to liability if they fail to comply with local or federal regulations.
- Mitigating Risks
- Proactive Testing: Landlords should regularly test water sources, especially if properties rely on private wells or are near military bases, airports, or industrial sites.
- Disclosure and Communication: Promptly address tenant complaints about water quality and disclose known contamination risks to avoid negligence claims.
- Filtration Systems: Installing advanced filtration systems can reduce PFAS and other contaminants, demonstrating due diligence.
- Legal and Insurance Support: Landlords should consult environmental attorneys and ensure their liability insurance covers contamination-related claims.
Conclusion
Florida landlords face significant exposure in groundwater contamination lawsuits due to the state’s widespread PFAS and other chemical pollution, particularly if they fail to ensure safe drinking water. While primary liability often falls on manufacturers or government entities, landlords can be held accountable for negligence. To minimize risks, landlords should proactively monitor water quality, address tenant concerns, and stay informed about local contamination issues.
(Research assistance from GROK is appreciated)
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