Who bears responsibility if an underline cable is damaged while planting a tree?

Get Legal Help Today

 Secured with SHA-256 Encryption

Who bears responsibility if an underline cable is damaged while planting a tree?

A man went to a garden center and buys plants. He contracted 2 garden center employees to come out and plant them freelance. When they got there, he showed them exactly where they needed to be planted. The plants weren’t large enough to legally require a dig test to identify underground lines. In the process of the planting his phone line was damaged. Who is be responsible for paying to the damages to the line? Keep in mind this was freelance work done with no contract, guarantee or warantee of any kind. Would it be the planters, the homeowner who picked the exact spots for the plants or the phone company for not burying their line deep enough?

Asked on September 6, 2012 under Real Estate Law, Texas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

The homeowner would be the responsible party, as the one who selected the spot to dig (without, for example, calling the phone company, other utilities, or the building department to see what, if anything, was buried there--which is negligent, or unreasonably careless), who owns the property, and who directed the work.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption