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Updated over 5 years ago, 02/28/2019

User Stats

110
Posts
113
Votes
Stephen Shelton
  • Debary, FL
113
Votes |
110
Posts

Utility denying responsibility for electrical problem

Stephen Shelton
  • Debary, FL
Posted

Recently I got a call from a tenant stating that the electric was going crazy in her house.  Lights were extra bright, shutting off the breaker to the fridge caused lights to flicker, and some bulbs burnt out while I was there.  The biggest problem was that she saw smoke coming from the rear of the electric oven and that ultimately claimed the life of the oven.

I called a 24/7 electrician, he determined the issue was outside the home, and the power company's repairman quickly spotted the issue atop a pole leading the power to the house. I filed a claim with the electric company and today I received a letter from their management company denying the claim.  It says:

So... 

  • If a tree branch falls on a car I'm responsible.
  • If a shingle blows off the roof and hits someone on the head I'm responsible.
  • If the tenant has a pet that bites someone I'm responsible
  • If someone in 70 years of life never learned that water makes things slippery slips on a wet sidewalk after a thunderstorm I'm responsible for the new hip.

But...

If the electric company does not maintain their lines and send screwy voltage into my house it's not their fault? Squirrels are everywhere down here. Is it not negligent for them to provide inadequate shielding or conduit on the power wires to protect against basic and well known threats from the environment?

In the end, the emergency electrician cost $210 and the replacement stove cost about $492.

Also the electric is in the tenant's name and not mine.  (I'm not sure if that matters)

So what should I do?  Should I reach out to an attorney?  Should I demand this company visit each property and install proper protection on the electrical cables to prevent this from happening again?

User Stats

3,930
Posts
3,340
Votes
Max T.
  • Investor
  • Philadelphia, PA
3,340
Votes |
3,930
Posts
Max T.
  • Investor
  • Philadelphia, PA
Replied

Get over it.

This is what insurance is for... although 210 + 492 is less than any deductible I have, so I'd just pay it.

Just make sure the electric company fixes the damaged power line asap. Things like this happen.

User Stats

6,765
Posts
7,278
Votes
Matthew Paul#2 Contractors Contributor
  • Severna Park, MD
7,278
Votes |
6,765
Posts
Matthew Paul#2 Contractors Contributor
  • Severna Park, MD
Replied

We dont have that problem around my house . I bought my boys BB guns for xmas . The squirrels have moved on .

You are not responsible for acts of GOD

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User Stats

3,975
Posts
3,352
Votes
Pat L.
  • Rental Property Investor
  • Upstate, NY
3,352
Votes |
3,975
Posts
Pat L.
  • Rental Property Investor
  • Upstate, NY
Replied

Wait until the town starts hitting you for new water & sewer lines to each home on your dime!!!

Water lines because the old ones are lead (Pb) at the main (middle of the street) & MUST be changed. New sewers because the old ones were too small or are collapsing from age. Last one cost $15k. so we sold it & rolled in the price.

So I ask the town "where are the decades of property taxes for infra-structure" ??? crickets!!

We now have an insurance coverage addendum for all utilities to all properties for $20/yr Might be time to look into it.

User Stats

60
Posts
34
Votes
Justin Larese
  • Crane Missouri
34
Votes |
60
Posts
Justin Larese
  • Crane Missouri
Replied

every state is different for some codes, but make a point to have gfci outlets in kitchens and bathes, they will trip before allowing a surge. If your appliance is under warranty they might cover it, if not $700 is not bad compared to a burned down house. just make sure you have your electrical box inspected and for any possible burnt wiring. If a tree branch falls on a power line maybe you get them on negligence, but even then. **** happens, that is why you pack reserves.

User Stats

909
Posts
296
Votes
Justin Kane
  • Specialist
  • San Antonio, TX
296
Votes |
909
Posts
Justin Kane
  • Specialist
  • San Antonio, TX
Replied

yes texas we are NOT responsible all the way up to our meter.. so its all city until it gets to us.. pretty nice

User Stats

2,778
Posts
1,848
Votes
Mike McCarthy
  • Investor
  • Philadelphia, PA
1,848
Votes |
2,778
Posts
Mike McCarthy
  • Investor
  • Philadelphia, PA
Replied

Yeah, at least they didn’t charge you to repair their wires! *laughs*

I would take the 5 minutes and write a letter to them and send a copy to the local public utility commission. Include receipts and ask for the $$ back.

Worst they can say is no, and fighting with utilities can be fun as long as you don’t take it too seriously.

I wouldn’t spend any real time or money on it, but it doesn’t hurt to try!

User Stats

2,647
Posts
4,795
Votes
Steve K.
  • Realtor
  • Boulder, CO
4,795
Votes |
2,647
Posts
Steve K.
  • Realtor
  • Boulder, CO
Replied

@Stephen Shelton Actually you’re not responsible for any of the things you mentioned (trees falling, dogs biting, old people slipping) unless somebody can prove you negligent, just like the utility is daring you to try and find them negligent here. A retainer will cost you more than making the repairs, and you’ll probably lose. I remember hearing lots of nasty lawyer jokes growing up and wondered why everyone gave lawyers such a hard time. This is one example why (no offense to any lawyers reading this, I’m sure some of you are fine people) ;).