SOUTH BEND, Ind. (AP) — Flood victims in the South Bend area are considering filing a lawsuit against the state, county and city.

The South Bend Tribune reports that Edward and Wanda Walton have served the Indiana Department of Transportation, St. Joseph County and the city of South Bend with a “notice of tort claim.” The action is legally required step before a person can sue a body of government in Indiana.

The Waltons lost their home and most of its contents during record rainfall Aug. 15.

The notice says residents suffered from the flood because of the governmental entities’ negligence in controlling the increased runoff from the recently completed U.S. 31 project.

The notice indicates that their attorney, Charles Rice, might seek class action certification from a judge if he files a lawsuit.