Faisal, there is no question or ambiguity here.
The excavator is liable. This happens dozens of times each day somewhere in
the world.
There is no argument. The excavator is always liable unless the other
facility is not where the paint is.
Then the locate company is liable.
But in the case of a homeowners sewer lateral, that cannot be located and
the sewer authority will not claim ownership.
So the homeowner is harmed by the excavator and they must be made whole.
You have a right to cross the public utility easement to get to the public
utilities.
If the excavator is the contractor, the contractor is liable.
If the excavator is AT&T, AT&T is liable. They can run but they cannot
hide.
Simple small claims action by the homeowner will take care of the problem if
the excavator is not being ethical.
I have paid to have lots of sewer lines repaired over the past 38 years.
-----Original Message-----
From: Faisal Imtiaz
Sent: Wednesday, July 20, 2016 1:06 PM
To: [email protected]
Subject: Re: [AFMUG] Fiber....your worst nightmare?
Easy to pass comments, and blame the biggest person involved in the process.
This story illustrates as to what is wrong with the whole liability process
to begin with.. (the blame game).
There a some facts conveniently missing.. from the story...
First question is... how much below the surface was the cable
run...(typically it is 24 to 30 inches. that punctured the sewer line.. the
2nd question is was the sewer line supposed to be there at that depth ?
typically sewer lines are installed at a very steep angle, going from 18-24
inches below the surface to almost 10f when the connect to the main sewer
line.
Third question has to do with Who ran the line ? a contractor or Att's Crew
? (Story says contractor)... Depending on question # 1 and 2 above, this
would be paid by the contractor's liability insurance. and does not
necessarily become ATT's problem (Bad PR, and being named as a co-defendant
on the law suit yes)... but overall $7000 reair (most likely exaggerated, is
not a big amount to be paid out).
Having said that, if the sewer line is not supposed to be there or was
supposed to be at a different depth then there are other parties at
fault....
Obviously no one wants to own up to the mistake, without pressure... but at
the end of the day there is a proper way to pursue the party at fault.. or
you can go throw mud at everyone and see who reacts.
:-)
Faisal Imtiaz
Snappy Internet & Telecom
7266 SW 48 Street
Miami, FL 33155
Tel: 305 663 5518 x 232
Help-desk: (305)663-5518 Option 2 or Email: [email protected]
----- Original Message -----
From: "Seth Mattinen" <[email protected]>
To: [email protected]
Sent: Wednesday, July 20, 2016 2:50:05 PM
Subject: Re: [AFMUG] Fiber....your worst nightmare?
On 7/20/16 11:34, CBB - Jay Fuller wrote:
Comments?
http://via.whnt.com/pLJZ6
If I were on my desktop I'd post the text
Isn't that what homeowner's insurance is for so the insurance company
will go after the at-fault party so you don't have to? Good luck getting
AT&T to admit to anything.
~Seth
