[BC] Keeping an eye on the ground

[RichardBJohnson at comcast.net]

Courts have generally concluded that utility companies do not even have to use "ordinary care." Plaintiffs were required to prove either willful misconduct or "gross negligence," which means, this court explained, "The failure to exercise even slight care."

http://www.nytimes.com/2003/08/15/national/15LEGA.html

However, the threat of legal action can sometimes be used to improve the service. For instance, a utility company may be caused to install a pad-mounted transformer on the customer's property to prevent high-voltage distribution lines from contacting low-voltage feeders in a "high accident" area, or near somewhere that is unduly exposed to such hazards such as airports (unlikely for radio transmitters).

Insurance companies who generally insure businesses for fire and similar events will often add a rider at nominal cost, to cover the cost of replacement equipment damaged by utility companies or even "acts of God." The only thing such riders won't insure are damages caused by war, insurrection, or nuclear detonation.

When I lived in Omaha, Nebraska, an engineer with whom I worked, went home one day and found he couldn't get the door to his house open. He went around to the front and noticed that an upstairs window was broken and "gray slime" was oozing down the wall of his home. His home had been pumped full of sewage because a utility company had swapped two phases to a three-phase motor that pumped sewage up over a hill. It had pumped sewage into his home and he lost everything --including the home. His insurance company refused to pay, the town refused to pay, the utility company refused to pay. After moving into an apartment, spending about 10k on lawyers, the only thing he could do was let the mortgage company take his property. He lost his equity and screwed up his credit rating.
 

Cheers,
Richard B. Johnson
Book: http://www.AbominableFirebug.com/

----- Original Message -----
From: "Mark Croom" <croom.mark at gmail.com>

Not only that, but it can be difficult to get your insurance company to come
through, too.

That's when you wonder where is the fairness in it all.

Mark
MN