QUESTION

I live in Ohio. A delivery truck of legal height drives past my house and catches the utility wires running to my house causing damage.

Asked on Apr 22nd, 2014 on General Practice - Ohio
More details to this question:
Who's at fault? The trucking company says it's the utility companies since the wires were hung too low, but the utility companies say it's the trucking company's fault. Wouldn't proximate/"but for" apply here?
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1 ANSWER

Appellate Practice Attorney serving New York, NY
The question is not one of causation, but negligence.  Absent negligence, or some other wrongdoing, causation is irrelevant.   If I fire you, I may be the proximate cause of your being evicted because you can't pay the rent, but if I was within my rights to fire you you have no claim against me.   Moreover, most jurisdictions now have the concept of comparative fault, where liability is apportioned among two or more parties, not just the one most responsible for causing the damage. From the facts as you've reported them, your damages could have been caused, in whole or part, by the trucking company's and driver's negligence, the utility company's negligence, both of their negligence, some third party's negligence, your own negligence, or nobody's negligence.  If the truck was in fact of legal height, and the wires were strung so as to be low enough to be struck by a truck of legal height, the utility company was negligent.  If the driver shoudl have seen how low the wires were and stopped, or was going too fast and that's why the wires came down, the trucking company is negligent.  If the wires were too low because a gardener ran his mower into a utility pole and caused it to lean, that third party is negligent.  If you saw that the wires were too low and were being struck by trucks three months ago and did nothing, you could be negligent.  If the wires were too low because of a lightning strike which only recently happened, it may be that nobody was negligent.  These facts would be developed in discovery during a lawsuit in which you sue both the trucking company and the utility company.
Answered on Apr 22nd, 2014 at 12:40 PM

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