Home Owner Liability for Pool Company hittig Wowway Lines

UPDATED: Sep 30, 2022

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Home Owner Liability for Pool Company hittig Wowway Lines

I have hired a pool company to install underground pool.
He hired fence company to install the fence.
Fence company hit wowway cable line.
Wowway’s loss control company is asking for reimbursement.
I have sent pool company info to them but the pool company has not resolved the issue.
Can I be held financially responsible for this cost?

I live in Michigan

Thank You

Asked on May 14, 2017 under Business Law, Michigan


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

The homeowner is NOT liable except in the unlikely event he stood there and told the fence company "dig here," and that was where the cable was--in that case, he was at fault and, being at fault, can be held liable. Assuming that did not occur, the fence company is responsible: it was their employee(s) who negligently (carelessly) failed to take precautions to identify buried utilities (including cable line) and who cut the line; that is, it was the fence company's fault, and being at fault, they are liable, or financially responsible, for the damage.

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