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TJ, Esq.
TJ, Esq., Attorney
Category: Real Estate Law
Satisfied Customers: 12359
Experience:  JD, MBA
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My detached garage as well as the contents within are not covered

Customer Question

my detached garage as well as the contents within are not covered by insurance. We were out of town and a power line broke and started a fire in the garage. By the time the fire department put the fire out, it was a total loss. Will the power company pay to fix/replace and if they don't can I sue?
Submitted: 2 years ago.
Category: Real Estate Law
Expert:  TJ, Esq. replied 2 years ago.
Hello and thank you for the opportunity to assist you. My name is ***** ***** I will do my very best to answer your legal questions.
Whether or not the power company is liable depends on the reason the line broke. For example, if the line broke because high winds knocked a tree down, which in turn knocked over the power line, then the power company would not be liable because it wasn't negligent. On the other hand, if the power line broke because it was installed improperly, then the power company would be negligent, and you likely would have a case against them.
I can only guess as to whether the power company will voluntarily agree to reimburse you (all you can do is ask). But you may have a valid lawsuit depending on the reason the power like broke. If the power company was negligent, then you can sue if they otherwise refuse to voluntarily reimburse you.
Does that answer your question? Please let me know if you need clarification, as I am happy to continue helping you until you are satisfied.
Customer: replied 2 years ago.
we have had issues with the line and the marked it to be replaced but nothing documented If nothing fell on the line and it broke are they liable ?
Expert:  TJ, Esq. replied 2 years ago.
Hi again.
If the power company was negligent, and that is why the line broke when nothing fell on it, then they would be liable.
But just because nothing fell on it doesn't mean that the power company was negligent. For example, it's possible that the materials that the line was made out of was faulty in some way, and that is why the line broke. If that is the case, then the power company would not likely be liable since it didn't manufacture the materials.
What I'm getting at is that it's not as simple as just saying that nothing fell on the line, and therefore the power company must be liable. You will have to prove negligence in order to win. You can't just prove that the line broke. That's not enough. You must prove that the power company did something wrong. I hope that makes sense. Let me know if you need further clarification.