Improperly Installed Home Water Systems Pose Serious Health Risks

“From Our Perspective” is an ongoing R&H series examining successful case outcomes. In this episode, Personal Injury Partner Jon Topolewski discusses a milestone reached in an ongoing personal injury case involving a homeowner sickened by an improperly installed water softener and reverse osmosis system.

Jon has successfully advanced our client’s case under the Colorado Consumer Protection Act (CCPA). The case involves a company’s improper installation of the system, which left the homeowner with serious health problems and raised concerns about the broader public impact.

Past results afford no guarantee of future results; each matter is different and must be judged on its own merits. Facts are those of an actual Robinson & Henry personal injury case. 

Jon explains that the Colorado Consumer Protection Act (CCPA) allows consumers to take action against companies engaging in deceptive trade practices, such as false advertising or failing to disclose critical information. In this case, the contractor neglected to disclose that they were unlicensed and failed to obtain the necessary permits for the installation. 

Jon’s team enlisted the assistance of an engineer to understand the full implications of improperly installed home water systems. The engineer’s findings highlighted how improperly installed water softeners and reverse osmosis systems can affect more than just the homeowner. 

Typically, a home’s water supply system is designed to allow water to flow in one direction – into the home. However, the engineer explained that certain conditions, like negative pressure events, can cause water to flow backward from the home into the main water supply.

This backflow can introduce contaminants from a single home’s water system into the community’s water supply, creating a significant public health risk. The engineer’s testimony showed what seems like an isolated problem can have far-reaching consequences for entire neighborhoods. 

Our client experienced a range of health issues due to the contaminated water. Drinking the water led to gastrointestinal issues, including nausea, diarrhea, and cramping. Showering in the water caused skin irritation and respiratory issues from inhaling the bacteria. Jon says these symptoms often mimic other illnesses, making it hard to identify the root cause. 

Jon has helped several clients facing this problem, but the number of victims could be in the thousands — and growing. The water system company disclosed about 1,800 installations. However, a former employee revealed an estimated 70 systems have been installed monthly since 2014, equating to thousands of potential improper installations. Despite all the problems following bad installs, the company continues to operate in Colorado, although under a slightly different name.

Homeowners should watch for these signs of improper installation:

• A foul smell when turning on faucets.

• Clothes smelling bad after laundry.

• Buildup in toilet bowls, potentially caused by bacteria.

• Health issues, including gastrointestinal and respiratory problems.

Not only has our client suffered serious health challenges, but their entire home water system was contaminated, requiring a complete overhaul. The lawsuit Jon filed on behalf of his clients aims to compensate them for the property repairs, medical expenses, and loss of quality of life. 

Additionally, the Colorado Consumer Protection Act (CCPA) claim makes our clients eligible for treble damages — or three times the actual damages plus attorney fees and costs. Jon is also pursuing punitive damages to hold the company accountable and discourage similar misconduct.

If you suspect your water softener and reverse osmosis system was improperly installed, Jon offers this advice:

1. Check online with your county to see if a permit was pulled for the installation.

2. Request an inspection to verify compliance.

3. Contact a reputable company for a second opinion.

If you’re facing similar issues, reach out to our team. Legal action secures compensation for your losses and helps protect your community from unsafe practices. 

Read this video’s full transcript:

Question: John, thank you for joining me today. Tell me more about the recent achievement in this case and what it means for your client and their community. 

Jon: We brought what's called a Consumer Protection Act claim in this case. The Colorado Consumer Protection Act (CCPA) was developed as a way for consumers to bring an action against companies who commit what's called a deceptive trade practice.

A company that's doing something that is deceptive to consumers. In our case, what was involved was the contractor failed to disclose that they were unlicensed. They didn't obtain necessary permits. Most defendants when these claims are filed, they file a motion for summary judgment to dismiss these claims.

They did so in our case. The court agreed with us and said yeah you have presented a viable claim here that this company was deceptive. Also, a significant part of this case is that it impacted the public at large.

Question: I understand the CCPA claims are tough to obtain, but you got an engineer involved and his findings help sway the court in your favor. What were his findings on the possible public impact? 

Jon: The engineer brought an element to the case establishing the grander public impact that these improper installations can cause. The normal home water system is you have a supply line that goes into your home and it's a one way street. However, there can be negative pressure water events that occur where sometimes the water from your home is sucked back out into the main water supply.

What he was able to provide is testimony saying that this impact to this one home may have effects on the entire community of homes and could lead to the contamination of other homes.

Question: What are some of the health symptoms that our client experienced due to the improper installation?

Jon: The health issues that our clients have suffered from this and this particular client are primarily gastrointestinal issues. When you're drinking contaminated water, that's where the water is hitting first. You may have nausea, diarrhea, just general cramping. Another thing that happens to folks is because you're showering in this same water, you could have skin irritation.

You can also have respiratory issues because when you're showering that water becomes aerosolized and you're inhaling the bacteria that's within there. There's a number of different issues that they've had. Unfortunately, a lot of times these issues mirror other types of sicknesses or illnesses you may have, so connecting the dots between these things is not always easy.

Question: This isn't the only client you have who has suffered an illness from the improper installation. How widespread is this issue? 

Jon: The issue is probably more widespread than we're aware of. This company has not been forthright with how many installations they've done. We talked to a former employee who said that approximately 70 of these systems were being installed per month every year since 2014.

So doing the math on that, I mean, you're talking thousands and thousands and thousands of systems that have potentially been installed incorrectly or improperly. The company has only disclosed that they've installed about 1800 of them, which is still a significant number. But far less than what their former employee disclosed to us. We've helped a number of people, but nowhere near the thousands that may be impacted.

Question: Is this company still operating here in Colorado? 

Jon: Yeah, the company is still operating. They've attempted to shift their identity a bit and their name, but they're still continuing to install these water systems in people's homes. 

Question: What are some of the signs that this system was not installed correctly in someone's home? 

Jon: Some of the things that our clients have experienced is a foul smell when turning on a faucet, from clothes, after doing laundry. 

Sometimes people have noticed a buildup in a toilet bowl, that is sometimes the bacteria that is coming up. And then also the health issues. 

Question: This case that we're discussing will go to a jury trial. What are the damages that you'll be seeking?

Jon: My client has suffered not only injuries but obviously this has contaminated all of their home’s water systems. We need to pay to have every pipe that has touched this contaminated water removed, every bathroom fixture removed, every refrigerator, every faucet. Anything where this water has touched needs to be taken out because bacteria will find a way to survive within the system. 

We're seeking compensation for that, for the medical bills that were incurred. The way that this has impacted my client's life. She went from a life of general well-being from a gastrointestinal standpoint to having significant issues that affect her daily and constantly with no hope in sight. So there's significant damages there.

From the CCPA claim perspective that we were able to successfully defeat the defendant's motion that comes with it treble damages. The potential for three times the amount of damages is a penalty plus payment of our client's attorney fees and cost. 

Alternatively, we've also filed a motion for what we call punitive damages as well. Most damages in these cases are what we call compensatory. Somebody does something wrong to you. They need to pay to fix what they’ve done wrong to you. Punitive or exemplary damages. Seek to punish them for their conduct in the hope that it dissuades them from acting this way in the future. 

Question: If someone is watching and they think there could be a link between their illness and an improperly installed system, what advice would you have? 

Jon: The advice I would have is you can contact our office. We can certainly help you diagnose the issue. But short of that, they should be pulling a permit for these installations. You can check online with most counties to see if a permit was pulled. 

If there wasn't a permit, that might be your first sign that something's not right. You can ask for the state to come out and look at the system to tell you, if it's been installed correctly or not, and then maybe consider having a different company come out and look at the installation, and tell you what they think.