Arizona Water Suppliers Accused Of Negligence in Deaths of Two Boys

Aug. 24, 2004

Do water suppliers provide a service or a product? This question is at the heart of a legal issue argued last week in Arizona.

Almost two years after two boys died after inhaling a deadly microorganism while bathing in contaminated water, a Superior Court judge heard arguments in a lawsuit filed by the families against local water suppliers.

According to a report by Maggie Galehouse in The Arizona Republic, the families of Zach Stalls of Peoria and Davy Luna of Glendale are suing Rose Valley Water Co. and others for negligence, claiming the companies provided unchlorinated/contaminated water, operated a flawed water system, and delivered a defective product.

Roger Strassburg, attorney for the families, argued Friday that water is a product rather than a service, a distinction that holds the water companies to strict liability.

"These plaintiffs are innocent, totally blame-free," Strassburg said. "Their children were only taking baths."

However, Rose Valley Water, Sunrise Water Co. and New River Water Co. – which share interconnected water systems – disagreed with Strassburg's position. They argued that water is a service regulated by the legislature, not a product, and that they therefore cannot be held liable for the deaths.

The companies claim that because they met all state and federal regulations for drinking water, they should have total immunity.

Judge Michael J. O'Melia of Maricopa County Superior Court took the arguments under advisement. Strassburg said he was unsure how long it would take for the judge to respond in this case.

Source: The Arizona Republic

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