QUESTION
Can a phone company be liable for my father's death if he hit an empty phone booth?
Asked on Aug 27th, 2011 on Personal Injury - Ohio
More details to this question:
My father died when he was ran off the road and struck an empty phone booth.
22 ANSWERS
Workers Compensation Attorney serving West Palm Beach, FL
1 Award
Depends is phone booth cause his death. Depends why he ran off the road.
Answered on Jun 11th, 2013 at 1:32 AM
Automobile Negligence Attorney serving Orlando, FL
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Kelaher Law Offices, P.A.
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No.
Answered on Jun 11th, 2013 at 1:30 AM
Plaintiff Animal Bites Attorney serving Missoula, MT
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Bulman Law Associates PLLC
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When did it happen?
Answered on Jun 11th, 2013 at 1:28 AM
2 Awards
First of all, my deepest condolences to you and your family. There are many cases similar to this exact situation. I suggest you immediately speak with an attorney who has experience handling wrongful death cases and specifically in dealing with similar types of cases.
Answered on Sep 07th, 2012 at 3:52 PM
Alternate Dispute Resolution Attorney serving Edmond, OK
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Woska Law Firm, PLLC
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Interesting Question; it sounds as if you have been led to consider design defects in the phone booth as a possible contributing factor in his death. Meet with a lawyer familiar with this area of the law and allow the attorney to see if there might be a class or group of people to share the costs of recovery with similar damages. I am certain those cases with good facts can be successful. Once you learn to quit, it becomes a habit.
Answered on Sep 02nd, 2011 at 11:25 AM
Criminal Defense Attorney serving Montrose, NY
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Law Office of Jared Altman
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Maybe. If the phone booth was a hazard, then there could be liability.
Answered on Aug 31st, 2011 at 7:19 PM
Truck Accidents Attorney serving Indianapolis, IN
Partner at
Craig, Kelley and Faultless LLC
3 Awards
It would depend. First of all you would have a claim against the car that ran your father off the road. If you do not know who that is then you may have a claim for uninsured motorist coverage under your father's policy if he was operating his own vehicle. That would depend on the language of the policy and possibly on whether there was contact between the vehicle that ran your father off the road. Some policies require actual impact between the hit and run driver and the person making the claim. As far as the claim against the phone company that would depend on the specific facts of the case. An experienced personal injury attorney would know what to look for. Why was the booth still there? Was it in a dangerous location? Had there been other incidents in that locations? You should contact an experienced injury attorney as soon as possible. The attorney will want to take measurements and photographs of the booth if it is still there.
Answered on Aug 31st, 2011 at 6:43 PM
Criminal Law Attorney serving Centennial, CO
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Law Office of Mark P. Miller
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I wouldn't think so. Unless there are other facts indicating some liability on the part of the phone company, why would they be liable for the act of another. I believe your cause of action is against the party that ran him off the road.
Answered on Aug 31st, 2011 at 6:14 PM
Yes. Depending upon the location of the phone booth in relation to the traveled right-of-way and the paved portion thereof, it is possible that the phone company may be liable. Roadsides have a "clear recovery area" enforced by the Department of Transportation which is to remain free of permanent utility obstacles so as to afford motorists who leave the traveled right-of-way the opportunity to correct their travel free from obstruction.
Answered on Aug 31st, 2011 at 6:11 PM
Business Attorney serving North Andover, MA
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Law Offices of Andrew D. Myers
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There are many more facts and circumstances in need of review long before arriving at the question regarding the phone booth. I highly recommend that you consult with a personal injury attorney ASAP before the trail is cold on what happened and how you can recover.
Answered on Aug 31st, 2011 at 1:11 PM
Employment Law Attorney serving Beverly Hills, CA
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Dordick Law Corporation
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Sorry for the loss of your father. As to your question, I am not seeing what the phone company did that was negligent here. Sounds like the proximate cause of his death was running off the road, not what he ran into.
Answered on Aug 31st, 2011 at 1:01 PM
Personal Injury including Litigation Attorney serving Wilmington, DE
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Ramunno & Ramunno, P.A.
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Your father may have several claims but the main one is against the person who ran him off the road. If that person is unknown, then he may have a uninsured motorist claim, (UMC), if he had that type of insurance coverage.
Answered on Aug 31st, 2011 at 12:01 PM
Under Virginia personal injury law, primary liability seems to be with the driver who ran your father off the road. You do not state any facts that lead me to believe that the phone company is liable for damages. I think you should explore this issue with a personal injury attorney, but you need to be prepared to state why the phone company may have some liability for causing the accident and death. In other words, why is this accident any different from a car being run of the road and striking a house or other fixed object.
Answered on Aug 31st, 2011 at 11:35 AM
If there is adequate proof that the phone company was negligent and its negligence was the direct cause of your father's death, then it may be sued and heldliable. You should consult with a local plaintiff's personal injury attorney regarding this matter.
Answered on Aug 31st, 2011 at 11:28 AM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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No. what did the phone booth do? The causative agent (the bad guy who ran him off the road) is responsible for whatever damages accrued.
Answered on Aug 31st, 2011 at 11:28 AM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
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Andrew T. Velonis, P.C.
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You would have to show that it was the phone company's fault. From the information given, I don't see how that claim can be made.
Answered on Aug 31st, 2011 at 10:56 AM
Personal Injury Attorney serving Portland, OR
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Kaplan Law, LLC
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Yes if they knew it was in a dangerous location. Helping injury victims & their families achieve justice.
Answered on Aug 31st, 2011 at 10:03 AM
Small Businesses Attorney serving Livonia, MI
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Klisz Law Office, PLLC
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I'm not sure where any liability would come from. The booth is properly placed and he must have had a medical emergency or something. Sounds very tough to me. Very sorry for your loss, however.
Answered on Aug 31st, 2011 at 8:56 AM
Criminal Law Attorney serving Worcester, MA
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Gregory Casale, Attorney at Law
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You will have to show how the phone company's negligence caused your father's death.
Answered on Aug 31st, 2011 at 8:49 AM
Brain Injury Attorney serving Baton Rouge, LA
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The Lucky Law Firm, PLC
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At first glance, there appears to be no liability on the phone company for your father's death. It appears that your father's death was caused by him running off the road for one reason or another. The phone company did not cause this to happen.
Answered on Aug 31st, 2011 at 8:29 AM
Personal Injury Attorney serving Marietta, GA
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Law Office of Ronald Arthur Lowry
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It seems to me that the party responsible would be the driver who ran your father off the road. What did the telephone company do wrong?
Answered on Aug 31st, 2011 at 8:27 AM
2 Awards
Before someone can be held liable for negligence, it must be shown that they had a duty to use reasonable care and that they breached that duty. Furthermore, the injury must be foreseeable. If the phone booth were in a dangerous spot and the company knew it, then you might be able to prove foreseeability. It would require a unique set of circumstances.
Answered on Aug 31st, 2011 at 8:21 AM