Sarasota Sinkhole Attorney

The word sinkhole has become a regular part of the Floridian vocabulary, which is no small wonder since no other region in the country has as many instances of sinkholes as the state of Florida. In fact, very few places in the world rival Florida when it comes to sinkhole occurrences, and only the Murge region of southern Italy and the Tamaulipas region of Mexico can come close – even these regions pale in comparison, likely due to the fact that they are far less populated and the sinkholes associated with them account for significantly less damage than those on the sunny peninsula of Florida. The west coast of Florida is particularly prone to sinkholes, and the Sarasota region has had swelling instances of sinkholes over the last few decades, possibly due to of the growing development of the area. As a result, many Sarasota residents are becoming increasingly aware of the threat of sinkholes, the sweeping legal problems associated with them, and the benefits of hiring a knowledgeable Sarasota sinkhole attorney to help them navigate through the issues associated with these unexpected catastrophes beneath their feet.

Further, recent developments in Florida insurance law have created a quagmire of legal issues for homeowners in the Sarasota area – in August, 2011 the governor signed Bill 408 into law, effectively allowing insurance companies to raise rates on policyholders in response to massive sinkhole policy payouts, with increases as much as 2000 percent in some West Florida regions. Unfortunately, this will likely mean that many Sarasota residents will elect to go without sinkhole insurance. Even more alarming, Bill 408 created a “neutral” assessment process for evaluating sinkhole damage for insured homeowners, a process that is in no way neutral to the homeowner that will create a slew of legal problems during sinkhole litigation.

Also described generically as “karsts,” sinkholes are the product of a unique geological process that paradoxically has created countless natural wonders around the world. The process of forming a sinkhole, which geologists refer to as karstification, is based on the natural erosive properties of water – as slightly acidic water flows across limestone structures, as with rainfall, or seeps into the ground and into the limestone bedrock, as with groundwater, the limestone is gradually eroded. After time the limestone becomes so eroded that it is shaped into unusual geological formations such as towering pinnacles and columns or expansive caves and caverns. Karstification is also responsible for the redepositing of limestone material, as with the incredible stalactites and stalagmites that are formed from millions of years of dripping water in caves. The splendid cenotes of Mexico, which are spectacular blue holes that dot the jungle of the Yucatan peninsula, are likewise formed through karstification – after years of rainwater and groundwater penetrating the limestone bedrock of the jungle, huge pits were carved out that eventually collapsed, forming massive chasms. The Krabi region of Thailand is another example of dramatic karst topography, where eons of limestone erosion has left over 200 dramatic monolithic islands jutting hundreds of feet out of the Andaman Sea. In Sarasota, however, karstification yields results that are far less beautiful, and far more dramatic – sinkholes. As groundwater seeps into the earth it removes the limestone bedrock, gradually forming voids. As areas are continually developed unsuspecting citizens build houses and offices over these voids, which continue to erode and enlarge due to the normal karstification process. Eventually, the underlying limestone has become so eroded that it naturally collapses, and the resulting sinkhole swallows up everything above it, from trees to cars to houses.

Sarasota is home to one of Florida’s most famous sinkholes, the privately owned Warm Mineral Springs. While it is now a popular health spa where bathers relax in the soothing mineral waters, tens of thousands of years ago it was a subterranean cave with a mineral spring bubbling at the bottom. As water levels rose after the last ice age, the roof of the cave eventually collapsed, revealing the springs to the surface and creating a 1.4 acre, 230 foot deep sinkhole. Though the sinkhole formation at Warm Mineral Springs is dramatic by comparison to the relatively smaller sinkholes that pop up across Sarasota County, the formation process is identical.

Unfortunately, the Sarasota area is also more and more becoming home to some of the State’s most notorious sinkholes, those that cause expensive property damage. For example, in Venice a 42-year-old block home showed signs of a cracked foundation, and after further inspection that included tunneling deep into the soil beneath the structure investigators discovered early signs of sinkhole activity that required foundation stabilization. In another instance, a 30-year-old masonry home in Englewood showed signs that the earth beneath the home had shifted, resulting in cracking of the foundation, walls, and tile floor. Similarly, engineers found that a 37-year-old frame house in Venice had been subject to sinkhole related activity that caused the floor to slope by approximately 1.7 inches. The surprising aspect of all of these sinkhole related incidents is that these were well established homes of differing materials that had not been exposed to any sinkhole related damage for at least 30 years. This is line with a state-wide trend of increased sinkhole activity, with especially increased activity on Florida’s west coast.

There has been broad speculation as to the reason for such dramatic increases in sinkhole activity across the state and in the Sarasota area. Some have suggested that fluctuations in weather activity have created conditions that are ripe for sinkhole formation, while others have suggested that expanded development efforts have increased building projects in already sinkhole prone areas leading to more sinkhole property damage incidents. No matter the cause of the increased sinkhole activity, insurance companies are extremely anxious over what they likely see as a steamrolling financial obligation, and accordingly they are working on every end to limit their payouts. Sadly, this translates to homeowners with legitimate claims for property damage that are covered under bona fide sinkhole insurance policies being forced to sue reluctant insurance companies to get the compensation they deserve. Insurers have even gone so far as to lobby state lawmakers to allow for increases in premiums for sinkhole coverage, including rate-hikes of up to 2000% in some parts of the state, in order to cover anticipated future losses as sinkhole claims continue to escalate.

In 2009 the Florida Office of Insurance Regulation reported that state-wide insurance claims for sinkhole damage had reached an unprecedented level, $409 million. That’s up $200 million annually from $209 million in 2006. With such an escalating problem on their hands, it’s no wonder the insurance companies are dragging their feet when it comes to paying out legitimate sinkhole claims while they petition politicians for increases in premiums. Fortunately for Sarasota residents, retaining a knowledgeable Sarasota sinkhole attorney can even the playing field when it comes to dealing with sinkhole insurers that are scrambling to cut their losses.

Florida law establishes that insurance companies are required to follow specific protocol when dealing with the investigation and assessment of sinkhole related insurance claims. For example, Florida Statute § 627.707 demands that sinkhole insurance providers undertake a methodical process for determining the extent of potential sinkhole related damage, establishing when a geologist or engineer is required to conduct an assessment of sinkhole related damage, and that the insurers notify policy holders of their specific rights with respect to geological and engineering investigations. Even with these laws on the books, insurance companies don’t always follow protocol, and the home or business owner suffers as a result. A sinkhole lawyer will be able to make certain that the insurance company has followed the rules and that the honest home and business owners of Sarasota that have unfortunately suffered losses from sinkhole damage are made whole in accordance with their policies.

The experienced sinkhole attorneys at Yesner & Boss, P.L. work hard to stay at the forefront of sinkhole related law and policy so that they can provide their Sarasota clients the best possible service with respect to sinkhole insurance claims. Though the recent developments with respect to the Florida legislature’s implementation of Bill 408 put Sarasota homeowners in a precarious position with respect to sinkhole insurance and subsequent sinkhole litigation, homeowners can protect themselves against heavily represented and litigious insurance companies by engaging the services of the veteran sinkhole lawyers at Yesner & Boss, P.L. With offices in Sarasota, St. Petersburg, Tampa, and Vero Beach, the sinkhole lawyers at Yesner & Boss, P.L. look forward to assisting Florida sinkhole victims in an intensifying sinkhole law environment.