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My son has AirBaud for his internet service. Lightning struck the radio that was installed outside on his gutter by AirBaud and not properly grounded. It destroyed the outside radio and traveled through the internet wire and destroyed my sons computer. AirBaud is now sending my son a bill for $500 for the radio. This is rented equipment. Is my son responsible for their outside equipment and if not can he file a claim with the company to replace his computer since it was their equipment that ruined his computer.

Submitted: 236 days and 19 hours ago.
Category: Legal
Value: $18
Status: AWAITING CUSTOMER ACTION
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Optional Information

Illinois

Already Tried:
Nothing.

Posted by PeterEsq 236 days and 19 hours ago.

Info Request

Is there a contract governing the internet service? Also, where are you located?

236 days and 19 hours ago.

Reply

There is no signed contract. He is in Beecher, Illinois.

Posted by PeterEsq 236 days and 19 hours ago.

Info Request

I am sorry. I want to understand you fully so that I may give you a proper answer. The contract does not necessarilly have to be signed. It may be a piece of paper or email that states for example, "By allowing us to install the service, you hereby agree to the following..." Do you know if there is anything of the sort?

236 days and 19 hours ago.

Reply

The only thing he has agreed to pay is the monthy internet fee.

Posted by PeterEsq 236 days and 19 hours ago.

Answer

While I do not doubt what you tell me, rarely if ever will a company come to install such equipment without giving something in writing. This would be irresponsible of them in that they would not be protected in such situations. Perhaps there was some sort of service agreement that your son forgot about?

 

Normally, a person is not responsible for rented internet equipment (absent intentional damage). In exchange for the monthly fee, part of what you are provided is the requisite equipment to make the service functional. However, this situation is unique in that the equipment is installed outside of the house. That is why I was asking if there was a service agreement or contract where these terms may be spelled out. If it has just slipped your mind or your son's, then please consult it when it is found. In most cases, the company providing the rental equipment is responsible for its upkeep and replacement if it faulters. Again, this would change if stated differently in a contract or service agreement.

 

Unfortunately, as far as the damage to your son's computer, the company is most likely not responsible. You must be proactive in protecting the computer by the use of surge protectors or other methods of protection. Responsibilty for damage to your personal equipment has almost certainly been disclaimed.

235 days and 5 hours ago.

Reply

My son's computer is plugged into a surge protector. The printer and display is also plugged into this surge protector and nothing happend to them. The computer tower is plugged into the internet line which is how the tower was destroyed. So therefore why would it not be Airbaud's fault.

235 days and 5 hours ago.

Reply

<p>My son's computer is plugged into a surge protector. The printer and display is also plugged into this surge protector and nothing happend to them. The computer tower is plugged into the internet line which is how the tower was destroyed. So therefore why would it not be Airbaud's fault.</p><p> </p>

Answer

I am sorry. I have done and said all I could for you. I am opting out so someone else can help you.

Expert: PeterEsq
Pos. Feedback: n/a
Accepts: 0
Answered: 6/19/2009

Attorney

Licensed to practice Law in New York State

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