Legal Question in Insurance Law in California

public utility

At a birthday party for a 4 yearold a mylar balloon was accidentally let go by a child. This balloon sruct the overhead utility wires running above the residence a short occurred and a wire fell. The utility company is attempting to collect from the homeowner damages to repair wire. This wire is supposed to be insulated, and if were properly maintained this could not have occurred. Is the homeowner responsible.


Asked on 4/29/07, 2:44 pm

2 Answers from Attorneys
Steven Murray Steven W. Murray, APC

Re: public utility

Perhaps, but you should not be the one to decide. Turn this claim over to your homeowners insurance company. It is a liability claim for damage to the utility's property.

If it was someone else's child who let go of the balloon, his or her parents would be the sole (or perhaps additional) parties the utility would pursue. Thus their insurer would also be on the hook.

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Answered on 5/10/07, 6:33 pm
Jonathan Stein Law Offices of Jonathan G. Stein

Re: public utility

Maybe. If it was your child, you may be respponsible. If you were hosting the party and provided the balloons, you may be responsible. But, this is why your homeowners insurance has a provision called liability coverage. They will pay if you are responsible. Report a claim and let them decide.

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Answered on 5/10/07, 9:53 pm


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