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  1. #1
    Join Date
    Nov 2015
    Location
    47.606 N 122.332 W in body, still at 90 S in my mind.
    Posts
    1,678

    Default Re: Liability Trivia - Truck Driver Collides with Dangerously Low Hanging Wire

    Again, the landscapers is responsible for the initial damage.

    The secondary damage responsibility may be shared among multiple parties.

    If the cable/telephone company wasn't notified of the damage to the pole then how could they come out to effect repairs of any sort? That was a big miss on the OP's part. I'm sorry to say that, but calling the PoCo doesn't mean that they'll notify other pole users. The secondary pole users aren't responsible even if it was the messenger wire that was snagged the second time.

    The PoCo's pole; just how out of position was it? These aren't simple fixes, mind you, as they are comfortable leaving leaning poles I'm place while the deal with planning a replacement for months to a year. This may not be relevant at all, it's just a note of curiosity.

    There is no "gouging fee" charged by any electrician. If you want emergency service you're going to pay for it. Those emergency workers, be they PoCo workers, telecom workers or private contractors, have lives outside of their day jobs and expect additional compensation when those off work hours are coopted. If you didn't like the fees/schedule you didn't have to accept the price. Admittedly, I say this as an electrician with 20+ years experience who's been called out to go look at unsafe damaged electrical equipment. Electricians and line personnel have families, lives and holiday weekend plans and, if you want to impact those for your benefit you'll have to pay for it. I charged double time from the moment I accepted a call until the moment I took off my boots for emergency calls, that came to about $170/hr. Granted, my customers were industrial, lost power was lost production, but the precept is the same. If you want my services after business hours you're going to pay for it. That's called supply and demand and on a holiday weekend to boot.

    The most irritating fee I've been charged, recently, was paying my attorney to discuss a billing issue. This was a bit beyond the pale.

  2. #2
    Join Date
    Jul 2018
    Posts
    8

    Default Re: Liability Trivia - Truck Driver Collides with Dangerously Low Hanging Wire

    It is best to consult a lawyer for advice. They will be able to clarify all your doubts and guide you to the next best step.

  3. #3
    Join Date
    Oct 2006
    Posts
    16,474

    Default Re: Liability Trivia - Truck Driver Collides with Dangerously Low Hanging Wire

    Quote Quoting MattLaw
    View Post
    It is best to consult a lawyer for advice. They will be able to clarify all your doubts and guide you to the next best step.
    I agree. You are not getting consistent opinions here as to who is liable, and a local attorney is going to be in a better position to give you good advice.

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