Proximate Cause

[Steve Koz]

I live on a corner lot in Ohio. A delivery truck, of legal height, was driving past my house, and the top of the truck caught the utility wires running to my house, pulling down the wires, which also pulled off the trim and a security camera on my house, causing damage of approx. $500. I’ve contacted the utility companies, and they all say the trucking company is liable. I contacted the trucking company and they say since their truck was of legal height, the utility wires must have been hung too low, therefore the utility companies are liable. Who really is liable? By the proximate cause/”but for” rule, wouldn’t the trucking company be who I pursue in small claims court? They would then be free to sue the utility companies. Help!!! The small guy is losing out here.

 

[Zigner]

File a claim with the city. If you are denied, then sue both parties and let the court decide.

 

[FlyingRon]

File a claim with the city. If you are denied, then sue both parties and let the court decide.

Why would the city entertain such a claim. They're neither responsible for bad truck drivers nor low hanging utility wires.

I'd sue the truck. In my opinion even if the wire had been so low as to touch the ground, you shouldn't run into it. Driver's of trucks are obliged to check clearances between things they may hit be it overhanging trees, wires, lights, signs, bridges, structures...

 

[Zigner]

Why would the city entertain such a claim. They're neither responsible for bad truck drivers nor low hanging utility wires.

There is no evidence of the truck driver doing anything wrong. If the wires are hanging below the required height, the city may in fact have liability. But you do make a good point. A claim should also be filed with the utility company. We don't know if it's a municipal utility, so the claim with the city may or may not be appropriate.

 

[FlyingRon]

Actually, the easy way out would be to turn it over to his homeowner's insurance and let them deal with it.

 

[ecmst12]

Not for $500. Most people's deductible is not that low.

 

[Steve Koz]

There is no evidence of the truck driver doing anything wrong. If the wires are hanging below the required height, the city may in fact have liability. But you do make a good point. A claim should also be filed with the utility company. We don't know if it's a municipal utility, so the claim with the city may or may not be appropriate.

I contacted the city since they own and/or manage the utility poles, and there's some evidence that after a recent storm when some wires came down, they inappropriately (low) rehung the wires.

 

[Zigner]

I contacted the city since they own and/or manage the utility poles, and there's some evidence that after a recent storm when some wires came down, they inappropriately (low) rehung the wires.

File a claim with the city and/or the utility. Do it quick because there are time limits. Then, when they OFFICIALLY deny your claim (in writing), sue them all and let the court decide. It's really that simple.