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legalgems, Lawyer
Category: Legal
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Experience:  Just Answer consultant at Self employed
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Or maam just recently a power company without my permission

Customer Question

sir or maam
just recently a power company without my permission drove into my backyard and destroyed my cement tank and the pipes that went into my dranaige space . the house was built in 1946 and as of now no record if it was replaced from origninal.i have only owned the house unhabited fora year and in process of trying to flip or rent it. their side said they will be willing to go 50% of replacement. the system WAS in great shape until they destoy it, what should I do?thank you
Submitted: 2 months ago.
Category: Legal
Expert:  legalgems replied 2 months ago.

I am very sorry to hear this; fortunately no one was in the backyard.

A company, just like an individual, is liable for their actions. For example, negligence is defined as a failure to perform with the level of care that someone of ordinary prudence would have exercised under the same circumstances. The behavior usually consists of actions, but may consist of omissions when there is some duty to act. This cause of action has 5 elements: the existence of a legal duty to exercise reasonable care; a failure to exercise reasonable care; harm caused by the negligent conduct; physical harm of actual damages; and proximate cause (reasonably foreseeable damages). By entering without permission onto one's property and causing property damage, the company would be liable for the foreseeable damages, and that is generally construed to mean replacement value - ie the cost to repair or replace the damaged item, since the item did not need replaced but for ("but for" is what gives proximate cause) their negligence.

If the court finds that the company acted egregiously, so that the court has a public policy interest in discouraging this company or others from acting in a similar manner, the court may also award punitive damages- money damages designed to punish the party.

Most companies have insurance, so the insurance company should be contacted to negotiate a settlement.

If the amount is less than $5,000, then small claims is appropriate:

If the company fails to negotiate, one can hire an attorney to assist with negotiations and with filing court documents.

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Information provided is for educational purposes only. Consultation with a personal attorney is always recommended so your particular facts may be considered. Thank you and take care.

Expert:  legalgems replied 2 months ago.

Hi- just checking in to see if you needed clarification on any of the above information. If so please post here (there is no additional charge for this) and I will do my best to get you the requested information.

Thank you!