If my 3 year old daughter was playing in our backyard were there is a telephone pole and cut her leg on a broken guy wire coming off of it which resulted in her getting 6 stiches, is the telephone company liable?

Asked on August 27, 2015 under Personal Injury, Connecticut

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

The telephone company may be liable--it depends on whether they were at fault. The are not at fault simply because they own the pole and wire they would be at fault if either they knew there was a broken wire such as because someone reported it, or it was plainly visible and they recently had an employee inspect or service that pole or possibly if they are so far behind on inspections and maintenance that they could be considered negligent by simply not inspecting and repairing this pole on anything like a regular basis.
However, in a lawsuit like this, you can only recover 1 your actual out-of-pocket medical costs i.e. costs not paid by some insurance or benefits program and 2 "pain and suffering" if your daughter will suffer some long-lasting generally months or more impairment or disability. It may not be worthwhile bringing a lawsuit, because for stitches on a leg, you generally cannot recover enough money to justify the time and cost of litigation.


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