InspectAPedia.com InspectAPedia®
Google
InspectAPedia
 

Free Encyclopedia of Building & Environmental Inspection, Testing, Diagnosis, Repair

Ask a Question or Search InspectAPedia

  • HOME
  • AIR CONDITIONING
  • ELECTRICAL
  • EXTERIORS
  • HEATING
  • HOME INSPECTION
  • INTERIORS
  • PLUMBING
  • ROOFING
  • SEPTIC SYSTEMS
  • STRUCTURE
  • WATER SUPPLY
  • ENERGY SAVINGS
  • ENVIRONMENT
  • INDOOR AIR IAQ
  • INSULATION
  • MOLD INSPECT TEST REMOVE
  • NOISE
  • ODORS
  • SOLAR ENERGY
  • VENTILATION
  • EXPERTS DIRECTORY
  • CONTACT US



Mobile Phone/PDA website viewMobile View
SEPTIC SYSTEM INSPECT DIAGNOSE REPAIR

ADDITIVES / TREATMENTS for SEPTIC SYSTEMS
AEROBIC SEPTIC SYSTEMS
ALTERNATING BED SEPTIC SYSTEMS

BACKUP PREVENTION, SEPTIC
BACKUP PREVENTION, SEWER LINE
BACKWATER VALVES, SEWER LINE
BIOLOGICAL POLLUTANTS
BOOKS, RECOMMENDED SEPTIC
BOOKSTORE, SEPTIC SYSTEMS

CESSPOOLS
CESSPOOL SAFETY WARNINGS
CHECK VALVES, WATER SUPPLY
CHEMICALS & TREATMENTS for SEPTICS
CHLORAMINE / CHLORINE Tests
CHLORINE IN DRINKING WATER
CHLORINE IN SEPTIC WASTEWATER
CISTERNS
CLOGGED DRAIN DIAGNOSIS & REPAIR

D BOX TROUBLESHOOTING
DEFINITIONS OF SEPTIC SYSTEM TERMS
DIFFICULT SEPTIC SITES
DRAINFIELD FAILURE DIAGNOSIS
DRIVING or PARKING OVER SEPTIC
DRYWELL DESIGN & USES

EFFLUENT RETENTION TIME

FILTERS SEPTIC & GREYWATER
FLOOD DAMAGE ASSESSMENT, SAFETY & CLEANUP
FLOODED SEPTIC SYSTEMS, REPAIR

GARBAGE DISPOSAL vs SEPTICS
GRAVELLESS SEPTIC SYSTEMS
GRAVITY/SIPHON DOSING SYSTEMS
GREYWATER SYSTEMS

HOME BUYERS GUIDE to SEPTIC SYSTEMS
HOME SELLERS GUIDE TO SEPTIC INSPECT

LAGOON SEPTIC SYSTEMS
LEACHFIELD FAILURE DIAGNOSIS

MEDIA FILTER SEPTIC SYSTEMS
MOUND SEPTIC SYSTEMS

NOISE / SOUND DIAGNOSIS & CURE

ODORS & SMELLS DIAGNOSIS & CURE
ODOR DIAGNOSIS CHECKLIST
ODORLESS CHEMICALS / GASES: CHECK FOR?
ODORS, PLUMBING SYSTEM
ODORS, SEPTIC or SEWER
ODORS, SULPHUR SMELL SOURCES
OUTHOUSES & LATRINES

PLANTS & TREES OVER SEPTIC SYSTEMS
PRESSURE DOSING SEPTIC SYSTEMS

RAISED BED SEPTIC SYSTEMS

SAND BED SEPTIC SYSTEMS
SEEPAGE PITS

SEPTIC & CESSPOOL SAFETY
SEPTIC SYSTEM ARTICLES
SEPTIC AUTHORITIES, DESIGN REGS
SEPTIC BACKUP PREVENTION
SEPTIC BACKUP REPAIR
SEPTIC BOOK, FREE ONLINE
SEPTIC BOOKSTORE
SEPTIC BIOMATS
SEPTIC CARE INSTRUCTIONS
SEPTIC CLEARANCE DISTANCES
SEPTIC CODES & REFERENCES
SEPTIC CONSULTANTS

SEPTIC D-BOX INSPECTION
SEPTIC DRAINFIELD FAILURE DIAGNOSIS
SEPTIC DRAINFIELD INSPECTION & TEST
SEPTIC DRAINFIELD LIFE
SEPTIC DRAINFIELD LOCATION
SEPTIC DRAINFIELD RESTORERS?
SEPTIC DRAINFIELD SIZE
SEPTIC DRAINFIELD SHAPE
SEPTIC DRAWINGS
SEPTIC DYE TEST PROCEDURE

SEPTIC FAILURE LAWSUIT
SEPTIC FAILURE SIGNS
SEPTIC FIELD INSPECTION
SEPTIC FILTERS
SEPTIC FLOOD RESPONSE
SEPTIC HOLDING TANKS

SEPTIC INSPECTION & TEST GUIDE
SEPTIC SYSTEM INSPECTION CLASS
SEPTIC LIFE EXPECTANCY
SEPTIC LIFE MAXIMIZING STEPS
SEPTIC METHANE GAS
SEPTIC ODORS
SEPTIC PUMPS
SEPTIC PUMPING REPAIR
SEPTIC REFERENCES
SEPTIC & CESSPOOL SAFETY
SEPTIC SUPPLIES & PARTS

SEPTIC SYSTEM DEFINITIONS
SEPTIC SYSTEM DESIGN ALTERNATIVES
SEPTIC SYSTEM DESIGN BASICS
SEPTIC SYSTEM DESIGN MANUAL - Online

SEPTIC DYE TEST PROCEDURE

SEPTIC FAILURE LAWSUIT
SEPTIC FAILURE SIGNS
SEPTIC FIELD INSPECTION
SEPTIC FILTERS
SEPTIC FLOOD RESPONSE
SEPTIC HOLDING TANKS

SEPTIC INSPECTION & TEST GUIDE
SEPTIC SYSTEM INSPECTION CLASS
SEPTIC LIFE EXPECTANCY
SEPTIC LIFE MAXIMIZING STEPS
SEPTIC METHANE GAS
SEPTIC ODORS
SEPTIC PUMPS
SEPTIC PUMPING REPAIR
SEPTIC REFERENCES
SEPTIC & CESSPOOL SAFETY
SEPTIC SUPPLIES & PARTS
SEPTIC SYSTEM, HOME BUYERS GUIDE
SEPTIC SYSTEM INSPECTION & TEST GUIDE
SEPTIC SYSTEM INSPECTION CLASS
  SEPTIC SYSTEM INSPECTION LEVELS
  DISPOSAL vs TREATMENT
  DRAINFIELD FAILURE DIAGNOSIS
  SEPTIC FAILURE CAUSES
  SEPTIC FAILURE CRITERIA
  SEPTIC FAILURE LAWSUIT
  SEPTIC D-BOX INSPECTDON
  SEPTIC DRAINFIELD FAILURE DIAGNOSIS
  SEPTIC DRAINFIELD LIFE
  SEPTIC DRAINFIELD FAILURE DIAGNOSIS
  SEPTIC DRAINFIELD LIFE
  SEPTIC DRAINFIELD INSPECTION & TEST
  SEPTIC DRAINFIELD LOCATION
  SEPTIC DYE TEST PROCEDURE
  SEPTIC FAILURE CAUSES
  SEPTIC FAILURE CRITERIA
  SEPTIC FAILURE SIGNS
  SEPTIC FAILURE SPOTS
  SEPTIC FIELD FAILURE CAUSES
  SEPTIC SYSTEM INSPECTION WORK SHEETS
  SEPTIC SYSTEMS, PLANTS OVER
  SEPTIC TANK GRASS or SNOWMELT
  SEPTIC TANK INSPECTION PROCEDURE
  SOIL CONDITIONS
SEPTIC SYSTEM INSPECTION LEVELS

SEPTIC SYSTEM ODORS
SEPTIC SYSTEM PUMPS
SEPTIC SYSTEM SAFETY WARNINGS
SEPTIC SYSTEM TYPES, MASTER LIST

SEPTIC TANKS
SEPTIC TANK BAFFLES
SEPTIC TANK COVERS
SEPTIC TANK, HOW TO FIND
SEPTIC TANK GRASS or SNOWMELT
SEPTIC TANK, HOME BUYERS GUIDE
SEPTIC TANK INSPECTION PROCEDURE
SEPTIC TANK LEAKS
SEPTIC TANK LEVELS of SEWAGE
SEPTIC TANK PUMPING PROCEDURE
SEPTIC TANK PUMPING REASONS
SEPTIC TANK PUMPING SCHEDULE
SEPTIC TANK SAFETY
SEPTIC TANK SIZE
SEPTIC TANK TEES
SEPTIC TESTS: DYE & LOADING TESTS
SEPTIC TREATMENTS & CHEMICALS
SEPTIC VIDEOS

SEWAGE & SEPTIC CONTAMINANTS
SEWAGE BACKUP, WHAT TO DO
SEWAGE BACKUP TEST & CLEANUP
SEWAGE BACKUP PREVENTION
SEWAGE CONTAMINATION in buildings
SEWAGE CONTAMINANTS in FRUIT / VEGETABLES
SEWAGE EJECTOR / GRINDER PUMPS
SEWAGE LEVELS in SEPTIC TANKS
SEWAGE NITROGEN CONTAMINANTS
SEWAGE PATHOGENS in SEPTIC SLUDGE
SEWER BACKUP PREVENTION
SEWER GAS ODORS
SEWER LINE REPLACEMENT

SINKHOLES, WARNING SIGNS
SMELL PATCH TEST to Track Down Odors
SOAKAWAY BED FAILURE DIAGNOSIS
SULPHUR & SEWER GAS SMELL SOURCES
SUMP PUMPS

TOILETS, INSPECT, INSTALL, REPAIR
TOILET ALTERNATIVES
TOILET FLUSHOMETER VALVES
TOILET INSTALLATION PROCEDURE
TOILET OVERFLOW EMERGENCY
TOILET PLUGS, SEWER BACKUP
TOILET REPAIR GUIDE
TOILET TYPES
Toilet Types, Flush Methods
TOILETS, DON'T FLUSH LIST
TRAPS on PLUMBING FIXTURES
TREATMENTS & CHEMICALS, SEPTIC

VIDEO GUIDES: Septic Videos

WASHING MACHINES & SEPTIC SYSTEMS
WASTEWATER TREATMENT BASICS
WATER, WELLS, WATER TANKS: TESTING GUIDE
WATER PURIFIERS
WATER QUALITY TESTS, CONTAMINANTS, TREATMENT
WATER QUANTITY IMPROVEMENT
WATER QUANTITY USAGE GUIDE
WATER SOFTENERS & CONDITIONERS
WATER SUPPLY & DRAIN PIPING
WATER TESTS, CONTAMINANTS, TREATMENT
WATER TREATMENT EQUIPMENT CHOICES
WELLS CISTERNS & SPRINGS
WELL CLEARANCES
WETLAND SEPTIC SYSTEMS
WINTERIZE A BUILDING

More Information

Photograph of  a home made septic tank being excavated after total failure was discovered
24 hours after moving in to a new home. The septic inspector failed to perform a valid septic inspection and test.

SEPTIC SYSTEM FAILURE LAWSUIT - A Defective Septic Inspection and Septic System Failure Litigation Case Study
InspectAPedia®  -      

  • Review of litigation involving a septic inspection, test, and subsequent septic system failure
  • Review of improper and inadequate septic system inspection & testing procedures
  • Questions & answers about how to prove whether or not a septic system inspection & test were conducted properly.

This document describes a septic lawsuit: a defective septic test and bad septic inspection led to a lawsuit after property buyers discovered, 24-hours after moving in to their new home, that the septic system was not functional, having a totally blocked septic tank and a completely failed leach field.

InspectAPedia tolerates no conflicts of interest. We have no relationship with advertisers nor with topics or services discussed at this website.

The text demonstrates how to prove that a septic inspection and dye test were improperly conducted, failing to have even a chance of protecting the client from the expensive surprise need to completely replace a septic tank and leach field.

Citation of this article by reference to this website and brief quotation for the sole purpose of review are permitted. Use of this information at other websites, in books or pamphlets for sale is reserved to the author. Technical review by industry experts has been performed and comments from readers are welcomed. Contributors are listed at the end of each article.

This article is part of our series: Inspecting, Testing, & Maintaining Residential Septic Systems an online book on septic systems.

© Copyright 2012 InspectAPedia.com, All Rights Reserved. Information Accuracy & Bias Pledge is at below-left. Use page top links to major topics or use links at the left of each page to navigate within topics and documents at this website. Green links show where you are in a document series or at this website.

Septic Failure Lawsuit - Litigation Addresses Inadequate Septic System Inspection & Testing that Failed to Detect a Non-Functional Septic System

Plaintiff's Complaint: Septic Test Was Not Properly Performed

Where the septic dye was placed shows the problem (C) Daniel Friedman[home inspector's name deleted] performed a septic dye test, erred by putting water in laundry sink in the basement; ran 125g water, reported system in satisfactory condition;

Buyer later found no proper system installed, had to install a "trans vac" pump up mound system, for $16,000, total damages $28,000.

Area reported to be known for poor drainage, making mound system requirement likely.

Our photo (left) shows a laundry drain (photo left foreground) where septic dye tablets (not enough of them) were placed during an improper septic loading and dye test.

In the distance (photo center and right) can be seen the house main drain. It is possible that the washing machine drain does not connect to the distant sewer line. Fixtures emptying into the sewer line, not the washing machine drain, should be used when performing a septic loading and dye test.

Approach to Analysis of the Septic System Test Complaint

Failed septic tank (C) Daniel Friedman

  1. ASHI Standards of Practice (exclude requiring Septic test)
  2. Define existing professional standards for performing visual + dye test
  3. Claim basic error made: test in laundry sink - no evidence. connects to septic

Our photograph (left) shows a home made septic tank that is packed with solid waste. It is likely (not certain) that an adequate septic loading and dye test would manifest septic system failure as a backup or breakout during testing of a septic system such as this one.

Assertions Made by the Plaintiff Regarding Inadequate Performance of a Septic Loading and Dye Test - Errors of Omission and Commission

Septic dye being placed into a toilet (C) Daniel Friedman

  1. Visual inspection during septic test: Common practice includes visual inspection of yard and interior and plumbing to address the pertinent questions, + dye, volume of water, reinspection for breakout. Pertinent questions include attempting to assure that drain used for test drains into the septic fields.
  2. Proper water quantity during septic test: An error can be inferred if dye and loading water volume were not introduced into the proper drains. If this is the case, whether or not the proper volume of water was run is probably moot because the wrong drain was used. The report indicated that insufficient water was used.
  3. Tracer dye quantity during septic test: A septic test procedure error also can be inferred if the inspector did not use sufficient quantity of septic dye to provide color in effluent IF effluent was observed at or near the property ground surfaces. If no effluent appeared during the test, the quantity or concentration of septic dye used is moot. In the litigation discussed here the inspector used septic dye tablets at a level that was inadequate to produce a visible result, had water and septic dye been placed into the proper drain.
  4. Soil characteristics and septic testing: is possible that knowledge of area soil characteristics, age of property, local building conditions and practices, might have served as a basis for caution or warning, regardless of whether or not dye was found at the surface. Such warnings are at the discretion of the inspector.

Questions In Determination of Adequacy of Septic Test Performed

  1. Is there visual evidence in basement of the subject property that the laundry sink does not or might not drain to same location as main house sewer line? [Yes-arrangement of piping; height of exit of septic drain above sink]
  2. Does client recall and can testify that dye was introduced only in drywell?
    • How much water was run?
    • Over what time? (125 g in 1/2hr is about 4.2 gpm which is possible from a reasonably strong flow at a single sink faucet. Typically 3-4 gpm for a kitchen sink, or single tub, depending on pump pressure switch settings, control valve settings, clogged piping, type of pump, etc.)
    • What type of well and pump equipment are provided? Shallow well, deep well, submersible pump vs 2-line jet pump?
    • At what pressure does the pump cut in and out, what type of holding tank is installed, what is the average water pressure in the house, what is the measured flow in gpm from the faucet used to perform the test? only. 125 gals in 1/2 hr is possible and reasonable, but a bit less than the usual volume of water run for septic tests.
  3. Would a conventional and properly conducted test absolutely, probably, possibly have revealed a failed system?
    • what conditions led to discovery of failure (number of occupants, level of usage, time until failure noted after initial occupancy)?
    • exactly what equipment was discovered when the old system was excavated?
    • can one reliably infer from what was discovered that question 3 is pertinent and that q3 can be answered?

Court Hearing Notes regarding inadequate septic testing complaint

  1. Water was run into laundry drain (photo shown above), nowhere near and no visible connection to main house drain; photo details strongly suggest laundry drain does not or may not drain to septic - wrong place to test. No dye was used.
  2. Septic report indicates dye was used etc - in boilerplate. Minimal info. provided by report
  3. Home inspection report - a checklist form - completely blank plumbing section - suspect inspector was distracted by something and just forgot this topic - does not meet ASHI standards for plumbing inspection.
  4. Septic failed immediately on occupancy - probably less than 200g water run.
  5. Subsequent discovery on excavation indicates no functioning septic - sludged tank, no leach lines except. one pipe, completely root-filled. Strong possibility that a proper loading and dye test would have failed;

7/3/95 Note to File: arbitrator found for the plaintiff in full, holding that a proper septic loading and dye test had not been not performed and the protection contracted-for was not provided.

Key in this case was that the plaintiff did not attempt to prove that a properly performed septic test would definitely have discovered the failed septic system, although given the totally impacted septic tank a proper test would almost certainly have done so. Rather the plaintiff argued that the contracted-for protection was not provided. In other words, the plaintiff was denied even the opportunity to possibly discover that the septic system had failed because the "septic test" performed by the inspector was completely incompetent.

SEPTPROB.TXT - Excerpt from DJ Friedman arbitration file

Questions & Answers regarding this article

.

Ask a Question or Search InspectAPedia

HTML Comment Box is loading comments...

Recommend / Share this Article            

...

Technical Reviewers & References

  • InspectAPedia.com® - Daniel Friedman - Publisher & Editor.
  • InspectAPedia Bookstore lists recommended books, organized by topic & available for purchase. Most of our articles also include a list of recommended books for the specific article topic as well as other references, and information sources.
  • Critique, contributions wanted: Contact Us to suggest corrections or additions to articles at this website, and if you wish, to receive online listing and credit as a contributor. Particular thanks are due to the many experts and also consumers who read and critique technical articles at InspectAPedia.com.
  • Additional technical contributors & reference sources for this article are listed below.

Use links just below or at the left of each page to navigate this document or to view other topics at this website. Green links show where you are in our document or website.

SEPTIC SYSTEM INSPECT DIAGNOSE REPAIR

SEPTIC SYSTEM INSPECTION & TEST GUIDE
SEPTIC SYSTEM INSPECTION CLASS - see detailed links at page left

  SEPTIC FAILURE LAWSUIT

  • Septic Tank/Soil-Absorption Systems: How to Operate & Maintain [ copy on file as /septic/Septic_Operation_USDA.pdf ] - , Equipment Tips, U.S. Department of Agriculture, 8271 1302, 7100 Engineering, 2300 Recreation, September 1982, web search 08/28/2010, original source: http://www.fs.fed.us/t-d/pubs/pdfimage/82711302.pdf.
  • Table of Required Septic & Well Clearances: Distances Between Septic System & Wells, Streams, Trees, etc.
  • Pennsylvania State Fact Sheets relating to domestic wastewater treatment systems include
    • Pennsylvania State Wastewater Treatment Fact Sheet SW-161, Septic System Failure: Diagnosis and Treatment
    • Pennsylvania State Wastewater Treatment Fact Sheet SW-162, The Soil Media and the Percolation Test
    • Pennsylvania State Wastewater Treatment Fact Sheet SW-l64, Mound Systems for Wastewater Treatment
    • Pennsylvania State Wastewater Treatment Fact Sheet SW-165, Septic Tank-Soil Absorption Systems
    • Document Sources used for this web page include but are not limited to: Agricultural Fact Sheet #SW-161 "Septic Tank Pumping," by Paul D. Robillard and Kelli S. Martin. Penn State College of Agriculture - Cooperative Extension, edited and annotated by Dan Friedman (Thanks: to Bob Mackey for proofreading the original source material.)
  • ...

Books & Articles on Building & Environmental Inspection, Testing, Diagnosis, & Repair

  • Our recommended books about building & mechanical systems design, inspection, problem diagnosis, and repair, and about indoor environment and IAQ testing, diagnosis, and cleanup are at the InspectAPedia Bookstore. Also see our Book Reviews - InspectAPedia.
  • Inspecting Septic Systems: Online Book, Inspection, Test, Diagnosis, Repair, & Maintenance: our Online Septic Book: Septic Testing, Loading & Dye Tests, Septic Tank Pumping, Clearances, details of onsite waste disposal system inspection, testing, repair procedures.
  • Builder's Guide to Wells and Septic Systems, Woodson, R. Dodge: $ 24.95; MCGRAW HILL B; TP; Quoting from Amazon's description: For the homebuilder, one mistake in estimating or installing wells and septic systems can cost thousands of dollars. This comprehensive guide filled with case studies can prevent that. Master plumber R. Dodge Woodson packs this reader-friendly guide with guidance and information, including details on new techniques and materials that can economize and expedite jobs and advice on how to avoid mistakes in both estimating and construction. Chapters cover virtually every aspect of wells and septic systems, including on-site evaluations; site limitations; bidding; soil studies, septic designs, and code-related issues; drilled and dug wells, gravel and pipe, chamber-type, and gravity septic systems; pump stations; common problems with well installation; and remedies for poor septic situations. Woodson also discusses ways to increase profits by avoiding cost overruns.

Home About Us Accuracy Contact Us Content Use Policy Printing Tips Privacy Website Description © 2012 Copyright InspectAPedia.com