Whose Fault Is It When Comcast Breaks Your Utility Pole?
Whose fault is it when your cable installer climbs up your utility poll and breaks it? Is it yours? Is it your electric company's? One woman found out the hard way that not only was it her problem — but that ComEd was going to shut her electricity off if she didn't find a way to fix it.
From the Chicago Tribune:
The Comcast technician who came to fix Carolyn Pfeifer's low-hanging cable wire was professional, prompt and pleasant in every way.
Now if he could just shed a few pounds.
Pfeifer said the man arrived at her Plainfield home on a November afternoon and dutifully climbed the utility pole in her backyard to pull the wire up.
Pfeifer went inside and assumed everything was under control. But about 10 minutes later, the technician knocked on her door.
"He said 'I'm sorry, I broke the pole,' " Pfeifer recalled. " 'I guess I need to go on a diet.' "
She tried to get Comcast to fix it, they said it was ComEd's responsibility. ComEd told her she owned the pole and that they were going to shut off her electricity if she didn't get it fixed. When she tried to hire someone to fix it, they told the ground was too frozen to put a new one in. ComEd told her it would cost $6k to bury the wires.
Frustrated, she called the Chicago Tribune, who called Comcast and ComEd on her behalf. Suddenly, both companies were offering to install a new pole. Ultimately, Comcast is taking responsibility.
"Due to the unusual circumstances and our commitment to continue serving the customer, Comcast will incur the cost to replace the pole," said Angelynne Amores, spokeswoman for the cable company.
Behold, the power of local media.
service call leads to power struggle [Chicago Tribune] (Thanks, Mark!)
(Photo:stirwise)
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Comments:
You break it you own it.
Isn't that the way it usually goes?
What would have happened, blame-wise, if ComEd damaged Comcast's equipment or cable?
So if someone drives into a pole around my house, I'm responsible?
If it's her pole, can she rent it out? I wonder if Quiznoos would build a franchise near me on a telephone pole.....
@Blueskylaw: Unless the break-er is a big monopolistic corporation and the break-ee is an innocent consumer.
@MyPetFly: Comcast probably would make the homeowner pay for it since they own the property.
But that would be b/c the homeowner probably doesn't have the lawyers that ComEd does.
Don't these usually belong to either the city or the electric/phone company? Because otherwise I'm totally chopping that sucker down and/or turning it into a local flier posting kiosk, which they tell us we can't do to the utility poles.
(My utility pole is so awesomely old-school it's just a tree-trunk someone shaved the branches off. It's fat at the bottom, skinny at the top, crooked in tree-fashion, and even has a few tiny bits of bark that have apparently hung on since 1940-ish.)
I dunno, I'd probably give you the bird if you thought you could make me pay for it forcefully. if I came into your house and busted your shit, I don't think you could make me pay for it. Sure, a store sign might say you-break-you-buy, but I doubt it's enforceable. I mean, you don't have to show your receipt either, yet they insist on having people at the door, no?
This is unbelievable that you have to call a paper to get a consumer investigator-type to look into this. I guess that's what the world has come to. These types of consumer affair things have exploded all over local news. Channel 4 has "Get Jesse", with Jesse Jones, a big burly black guy who's like 7 feet tall. It's hilarious when he confronts people about their wrongdoings.
So if she owns the pole, she can do whatever she likes with it, correct? I doubt she would be allowed to cut it down. If she owns the pole and she is not allowed to cut it down she should be getting rent for ConEd and Comcast, correct?
@enderx: Wouldn't you feel an obligation to pay for it before even being asked? Anyway your wrong, if you damage something that belongs to someone else you are obligated to repair or replace it. Though it would seem that in your case they would have to take you to court over it.
Yeah, I dont understand how that works. I have my cable coming in off of one utility pole, and my electricity off of another. Now my neighbors all have wires coming in off of different poles as well. So I guess I have a 25% investment in pole #1 with comcast, and a 15% shared pool on pole #2 with the power company? Then when a drunk knocks one over, we all pony up $100?
If it's hers, she should be able to sell ad space on it. If that's no good because of zoning, she ought to be able to charge rent for companies that use it.
@downwithmonstercable: Does he have a high squeaky voice? B/c that would probably disarm so many people, you could really catch them offguard.
You guys are missing the real story:
"The Comcast technician who came to fix Carolyn Pfeifer's low-hanging cable wire was professional, prompt and pleasant in every way."
Is this a private pole that she or a previous home owner put in, or was this pole installed by ComEd. As far as I've ever known, if they own the pole it's their problem to fix it. If it cannot support the weight of the cable man (even if he is fat), then is was already a danger to begin with and should have been replaced. I'd be a little uncomfortable about having a weak pole in my yard. If it were to fall, it might bring a lawsuit.
@tc4b: Till they decide they don't want to pay, and then you have no power/phone/cable. Not a very good bargaining position.
That is NEWS! A genuine competent, professional and honest Comcast technician! Get him in the studio!
Suddenly, both companies were offering to install a new pole.I'm surprised ComEd offered to do so if the pole truly was her property.
@JGKojak: I'd say there was no doubt Comcast was responsible, she just would've had to sue them to get the courts to make them put up a replacement.
@chargernj: The issue isn't an individual feeling responsible, because many people can be a jerk and say they aren't going to pay for damage they caused.
But a company (certianly one as large as Comcast) is a different case. They should have cenarios like this outlined in their policy. I'm sure it isn't the first time a Comcast installer damaged a utility pole.
@JGKojak: The people putting in my new furnace last year busted my basement steps. Their excuse was "hey, old furnaces are heavy, obviously your steps weren't up to code or they wouldn't have broken". When I asked if they'd repair the damage they laughed at me. I ended up getting a discount on the furnace to make up for it but the number of excuses they had was astounding.
@SWM,30isoSWF_GitEmSteveDave: You'd be responsible if you erected (heh heh) the pole in the middle of the street.
@wgrune: She could cut it down, but won't get power. And if you own your home, and have power and cable run to it, you don't get paid for having their wires on your property.
Now, if the utility pole is also connecting power to other households, that is a different story.
@Hyman Decent: ComEd probably had some idiot who didn't understand what she was saying when she called in and then an even more idiotic manager who was doing everything they could to save face except actually saving face
@wgrune: Maybe if other customers are getting service via that pole. If she's the only one getting service via it, I don't see why she should expect to get rent from Comcast and ComEd.
@wgrune:
A)Since when have you been able to to do "whatever you want" with anything you own?
B)It sounds like she could cut it down, they'd just have to wait for spring to bury the lines.
C)that's a great idea: "Pay me for putting wires on my pole" their response: no electricity or cable for you.
@AirIntake: That's a good point, if it broke and she actually owned it she could be facing a lawsuit if the comcast guy hurt himself
@SWM,30isoSWF_GitEmSteveDave: LOL. He has a Mr. T voice, which at least helps elevate his stereotypical persona :)
"Due to the unusual circumstances... Comcast will incur the cost to replace the pole,"
How hard would it be for the Comcast spokesman to simply admit, "Because Comcast caused the problem, Comcast is paying to fix it."
Puh-leeze, people. I seriously doubt she can charge ComEd or Comcast "rent" to use her utility pole. It's most likely not one in an alley or other easement - it's an extra one on her property. My in-laws have one that has a mercury-vapor lamp on it, and the electric service runs from the utility's pole to my in-law's pole, to the house.
If she has such an "extra" pole, it's on her property, it's there to help get the utilities from their poles to her house. If she doesn't like the pole, she's welcome to furnish a different (approved, safe, up-to-code) way for their wires to get to her house. Or pay them to install an alternate service from their property to hers.
@AirIntake: "Is this a private pole that she or a previous home owner put in, or was this pole installed by ComEd."
In rural areas where only one house is fed by the pole, the homeowner usually pays for the pole. Generally, that payment was made decades ago when the power was first run to the house.
@JGKojak: My carpet installer scratched the hell out of my new wall and also installed the carpet so high that the back door didn't open. Granted, the carpet installer was not responsible for altering my door opening (that definitely falls to me), but they ARE responsible for telling me any parts of the house with which their installation would conflict. (In other words, he should have said, "this carpet is going to block the door. Fix it, and we'll install the carpet.") So, when I got home and opened the back door, I got it stuck on the carpet and ended up screwing up the door frame.
The installer laughed about it when I told him. I was going to ask for a discount, but I saw that, when I showed up to pay off the final half of the installation ($150), I saw that the owner of the company had typed "150" into the credit card machine without the trailing zeros--in other words, I paid $1.50, and he signed off on it, shook my hand, and bade me farewell.
Had he made things right, I would have told him of his error.
@Blueskylaw: Nope. A retail store can't legally force you to buy something you break of their's. No matter what their signs say.
There's more to the story -- did anyone else notice that the insurance company found the pole was rotted from the inside? Comcast guy broke it, but it was too weak and unsafe to begin with.
What obligation does the owner have to maintain that pole?
@Chris Heller: Well, but he was apparently also a self-confessed fatty. That's like -50 points in today's culture.
If the pole is her property, why isn't she charging the utility company rent for using the pole?
My parents have two utility ploes in their driveway going to the house. They are both marked property of the electric company.
The electric company also told my parents the could not pay to have trees cut down near the poles on their property because it is the responsibility of CL&P since the braches went though two wires. The electric company paid to have two trees removed that my parents wanted gone anyway and it didnt cost them a dime.
The pole is the property and responsibilty of the utility provider and they must maintian it to provide electricity to the home owner.
If she owns the pole. I would charge Comcast and ConEd rent for their use of the pole.
@downwithmonstercable: I would suggest a squeaky voice, at least when interviewing people. It would confuse them so much they would probably say stuff they shouldn't.
@Starfury: The utility company has to provide power only up to a certain physical point. Past that point, the homeowner is responsible for the wires and such.
@JGKojak: Not necessarily. The damage would have to be the result of their installation, not you inviting someone into your home. Leaning on a banister would not make them responsible for it. Now if they smacked it with a roll of carpet, then they would be paying. Banisters are meant to be leaned on. You cannot blame a guest for normal wear and tear.
In this case the Comcast guy broke the pole from climbing it, the insurance they have to cover work related damage would cover it.
@Powerlurker: They would have to prove you did it on purpose. The nature of you opening s store where people handle things before purchase has innate risks. You have to plan for accidents. If something is so expensive you can't afford to have a customer break it, you set it up so they can't touch it until purchase time.
@jswilson64: Unless a previous home owner was forced by law to install that pole, the electric company has no right to charge you 6k to install lines without it. Even if a previous home owner installed the pole on the advise of the electric company, that doesn't give the electric company any ability to force a home owner to keep the poll. Especially if the line can be buried. The pole broke and is no longer an option. The electric company can replace the pole or hook up the power without it. They can't force a home owner to save them installation costs by installing a pole.
In what world is Comcast not originally responsible?
I hire a carpet installer to come into my home, he leans on my banister and breaks it-- he's buying me a new one.