Lewiston, ME asked in Energy, Oil and Gas and Consumer Law for Maine

Q: What evidence is needed to sue an electric company for overcharging?

I am concerned that my electric company is overcharging me, so I am planning to install an independent meter to record my electric usage and any discrepancies over the next 6 months. What evidence do I need to gather, and how can I prepare to take legal action if overcharging is confirmed?

1 Lawyer Answer
James L. Arrasmith
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A: It's understandable to be concerned about potential damage to your equipment, especially with the clause in the moving company's contract. Here are a few key points to consider:

**1. Contractual Clauses and Liability**: While the contract may include a clause that excludes liability for certain types of damage, this may not fully absolve the moving company of responsibility, especially in cases of negligence or carelessness. A liability waiver in a contract does not automatically protect a company if they fail to perform their duties with reasonable care. If the company is careless in handling your equipment, they may still be liable, regardless of the age of the equipment.

**2. Understanding the Clause**: Since you are concerned about how negligence might be handled, it’s important to understand that many contracts that include liability clauses like this one often don’t account for situations where the moving company is clearly negligent. If they were careless while moving your equipment and caused damage, you may have a case to pursue for damages, even if the equipment is over 10 years old.

**3. Your Next Steps**: Before signing the contract, you should clarify the liability issues with the company, especially regarding negligence. Keep a copy of all correspondence and responses. If the company continues to ignore your concerns or if their responses are unclear, you may want to consult with a lawyer to better understand your rights.

By taking these steps, you'll be in a better position to protect your interests and address any potential issues with the moving company’s handling of your equipment.

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