Q: Who is responsible for a power line/box/meter being ripped off onto my car?
A power outage occurred. The power company was repairing a transformer. A semi went by, had to get over as far as possible to get by the power company vehicle and in the process it ripped a line/pole/box/meter down onto my car. The power company employees said it occurred because the pole was too short and proper clearance was not there as a result. The landlord was responsible for the box/meter replacement and was also ordered to replace the pole with a pole that was up to code, as the previous was not. The landlord is saying the trucker is responsible for the damages to my car. Who is responsible and can I sue?
A:
Generally, a truck driver is responsible to make sure he/she only travels through proper clearances. Accordingly, there is a legitimate argument that he/she was negligent. The owner of the property may also be negligent in maintaining a nuisance on their property and infringing upon the public right of way. If neither party will accept responsibility and you must sue, I would suggest making them both defendants to the case and let them point the finger at each other.
Good luck.
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