• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Utility damaged sidewalk. What to do next?

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

What is the name of your state (only U.S. law)? WI

The utility company has been doing work around the neighborhood to replace gas lines. They dug up an area out by the street to get to the gas line, and they put the dirt in the part of my walkway that crosses the sidewalk and ends at the street. When they were done with their work, they used heavy machinery to scoop up the dirt and put it back in the hole. In doing so, they scraped up the sidewalk in that spot really bad. This just happens to be a part of the walk where the city had torn it up just a few years ago to do work on the water main. Then they put down new cement there, making that the newest and best portion of the walkway. Now it's damaged.

I called the city to have someone come out and look at it and evaluate the situation to let me know what they want done, and who will pay for it. They transferred my call several times before having me leave a voice mail message for the person who would come to look at it, but will be on vacation for the next 9 days. The person I talked to on the phone mentioned that I'm ultimately responsible for what happens to the sidewalk in front of my house, but I don't feel that I should be liable for damaged caused by the utility company. At the same time, I'm not sure if the damage is something needing repair until someone from the city looks at it, or maybe I could show the pictures I have of it here and someone could give an opinion.

I have 2 pictures of the area I'm referring to, but the bottom of my screen here says "You may not post attachments", so I guess I can't show them to you. If I'm wrong about that and am allowed to post links to a photo sharing site, let me know and I will do so.
 


adjusterjack

Senior Member
You mention "the city" and the "utility company."

Are they one and the same? Is the utility a city agency or a separate company?

If the utility is part of the city government there is likely a process you must go through to make a claim against the city and I'm guessing that it has to be in writing, done properly, and done within a certain deadline.

Start by looking up that process and complying with it to the letter.
 
You mention "the city" and the "utility company."

Are they one and the same? Is the utility a city agency or a separate company?

If the utility is part of the city government there is likely a process you must go through to make a claim against the city and I'm guessing that it has to be in writing, done properly, and done within a certain deadline.

Start by looking up that process and complying with it to the letter.
They're separate entities. The utility company is Xcel Energy. The reason I contacted the city (Street Department) is because they're the ones that build sidewalks and also hand out fines to people if they don't keep their sidewalk cleared of snow, or if damage is done and needs replacement. I just wanted them to come and look at it and let me know if it's something that needs repair. If so, I want them to understand that it was the people from Xcel Energy who did the damage. But I don't know if the damage is such that they'd make an issue of it or not until they come out and take a look.

Would it be acceptable for me to post a link to a photo sharing site so the pictures can be seen here?
 
Sorry. Links of that sort and photos are not allowed on this forum. Your descriptions are good.
Ok. It's just that the cement is really badly scratched up and looks really bad. I don't know if the Street Dept. will conclude that it's damaged and needs to be replaced. I really wish the guy in charge of determining that wasn't going to be on vacation for the next 9 days. By then, we'll have snow on the ground.
 

quincy

Senior Member
... I really wish the guy in charge of determining that wasn't going to be on vacation for the next 9 days ...
The guy in charge of determining whether the sidewalk needs repair should have been back from vacation on November 28. What has he said when you contacted him again?
 
Last edited:

LdiJ

Senior Member
Ok. It's just that the cement is really badly scratched up and looks really bad. I don't know if the Street Dept. will conclude that it's damaged and needs to be replaced. I really wish the guy in charge of determining that wasn't going to be on vacation for the next 9 days. By then, we'll have snow on the ground.
Is it just scraped, or actually broken up? I doubt that any agency will feel that a sidewalk has to be replaced due to scrapes, but if actually broken, or about to break due to very deep scrapes, that is a different story.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top