Legal Question in Civil Litigation in California
Tree Limb Over Phone & Cable Wires
Am I liable if I cut a limb off my tree and it falls onto telephone or cable lines (connected pole-to-pole) below it, thereby shutting off their service in the area?
The limb is cracked and can potentially break off. Telephone and cable lines are close to the limb and directly below it. I feel obligated to cut it down as it also hovers over my neighbor's garden shed. I want to prevent the limb from cracking and falling inadvertantly on top of her shed.
I called the two phone companies servicing my area and they point to the other as the owner of the line. I called the cable company and they have yet to respond to my concern. I notified them in hopes that they would address this concern and help prevent a potential mishap with their lines.
Is contacting these companies enough due diligence to protect myself against a potential lawsuit�if I were to cut the limb and it would ''accidently'' break their lines?
2 Answers from Attorneys
Re: Tree Limb Over Phone & Cable Wires
Liable if you cut? Yes. Write them each a letter demanding immediate response because the lines are at risk.
Re: Tree Limb Over Phone & Cable Wires
You are aware of the hazardous condition of your tree. You need to correct the problem. Hire an expert, with his own insurance, to remove the limb. That way the tree trimmer will have to pay for any damage to the lines if something goes wrong.
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