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Neighbor hit Power Line with Excavator - Damages to My Appliances

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BASNC

Junior Member
What is the name of your state? WA

The guy who rents the house next door has recently had two other guys move in. I'm pretty sure the owner of the house isn't aware of these additional tenants. I didn't mind until this past weekend.

One of the new roommates works for a Landscaping Firm. Other neighbors had been complaining about him bringing home the large landscaping trucks. This weekend he brought home an excavator and he was helping the renter pull out shrubs and part of the front yard to build in more parking for the house (again - doubt the home owner knows.)

On Saturday, I returned home to discover my cable Internet no longer worked. Nobody told me, but a friend arrived later in the day and told me the neighbors had mentioned they broke a cable. I went out and talked to the guys and they said they would get it fixed. The landscape guy said this happens often and he knows exactly how to repair it.

On Sunday morning I called Comcast and went to the neighbors to ask if they would be home the next day so Comcast could come fix the cable line. The excavator operator reiterated to me that he would fix it. He asked to speak to the Comcast rep and hung up on him. He later failed to repair the problem and I had to call Comcast back.

Later that Sunday I was watching TV when the power went out in my house. I heard popping noises all over. I looked down the hallway and saw smoke coming from my bedroom. The television was on fire. I pulled it away from the wall and opened windows. I ran to turn off the power and called some knowledgeable neighbors (on the other side of the renter) for assistance.

The guys with the excavator insisted they didn't do any damage, but after calling the electric company they discovered the guys had broken an electrical cable that ran through the front yard of that house.

I have extensive damage throughout my house. A bunch of newer appliances are dead - including a $4500 furnace that is eight months old. My home owners insurance won't cover this because the electric break didn't occur on my property (love the exclusions section of the home owners policy!)

The guy who works for the landscaping company has NO money. His boss said that their company insurance wouldn't cover this because the guys failed to call the utility before they dug. I asked the excavator to talk to his boss. Meanwhile, we are having a cold summer and I have no heat. I have no stove. I have no dishwasher. My damages go all around from my alarm clock to my sonicare toothbrush to my televsion...satellite receiver...etc...

Who's responsible for the damages?

The owner of the rental house?

The actual renter?

The person who caused the damage?

The landscape company the guy works for (and who owns the excavator)?
 


FarmerJ

Senior Member
Ill bet the equipment operator hit your homes neutral wire severing it , that forced the rest of your house to act like a 220 volt circuit , wich would toast everything eventually, Have it fixed , go speak to a atty because the dollar amount is now up and over small claims court. He is responsible sue the equipment operator. Once you have a judgement in place learn how to renew Judgements. Some day during the judgement he is likely to have money even if it takes a while.
 
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divgradcurl

Senior Member
Who's responsible for the damages?

The owner of the rental house?

The actual renter?

The person who caused the damage?

The landscape company the guy works for (and who owns the excavator)?
Who cares? When you sue, you name everybody -- the owner of the house, the tenants that presumabely hired the contractor, or at least gave permission for the contractor to work, the company, and the guy who actually caused the damage. Let the courts figure out who is responsible.
 

xylene

Senior Member
The guy who works for the landscaping company has NO money. His boss said that their company insurance wouldn't cover this because the guys failed to call the utility before they dug.
It does matter a rats ASS what the their insurance will cover.

There negligence is something they will have to eat.

Don't be a pal.

Next time somebody says "My insurance won't pay"

You say "No you will pay, your crap ass insurance and or your negligence is you problem."

This boss's is betting you won't realize that the company is responsible.
 

izzie01

Member
If they didn't have lines marked before digging I bet they also didn't get a permit from the city to do this. Stuff like that usually requires a permit. Did they have permission from the owner of the house to do this. If so you probably can sue him, you know he has assests, like that house.
 
Sounds like he violated the state's "Call before you dig" law:



RCW 19.122.090
Excavation without a valid excavation confirmation code — Penalty.

Any excavator who excavates, without a valid excavation confirmation code when required under this chapter, within thirty-five feet of a transmission pipeline is guilty of a misdemeanor.


[2005 c 448 § 5.]
 

seniorjudge

Senior Member
Sounds like he violated the state's "Call before you dig" law:



RCW 19.122.090
Excavation without a valid excavation confirmation code — Penalty.

Any excavator who excavates, without a valid excavation confirmation code when required under this chapter, within thirty-five feet of a transmission pipeline is guilty of a misdemeanor.


[2005 c 448 § 5.]
Assuming you are correct, that will not necessarily be relevant in a civil suit.
 

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