come home to a house that is flooded

[rob_mango]

Well today my power company came with there offer to replace my stuff in the tank and they told me they will give 500 bucks because its not there falt. I told them no I will setel at 66% they told me no so it looks like the fight is on.

 

[Sarcothelia]

If they intentionally shut the power off and didn't give any warning then they are definitely liable. Just because you had no backups doesn't give them an excuse.

I mean, that's like saying if your car was smashed in a hit and run while parked along the sidewalk it's your fault because you could have parked in the driveway.

Legal analogy win.

 

[Joyler]

They didn't give you 24 hour notice?! (sorry coming in a little late)...that would be INFURIATING!!

I am pretty sure (I guess depending on the state) that a power company must give 24 hours notice...I may have missed it but are fish ok??

 

[rob_mango]

No I didn't get a notice irk if it an Arizona thing or not but I did loose three fish my mata tang Kline butterfly and green mandrein and a lot of corals

 

[Joyler]

No I didn't get a notice irk if it an Arizona thing or not but I did loose three fish my mata tang Kline butterfly and green mandrein and a lot of corals

OMG!! heads will role!! You should go after them...and then keep us posted!

 

[nxb161]

I'm surprised you got them to offer $500, that means they are taking some fault at least.

 

[Purevil21]

If that offer for 500 is in writing then I would keep it and continue fighting. As far as I'm concerned it is proof they accept liability but don't understand how much financial damage they caused. Plus you can fall back on the written offer if they won't come off more.

 

[yetee]

Am I the only one that doesn't think the power company is at fault here? Maybe its because I get power outages regularly, and have taken the precautionary steps to avoid a flood. In my opinion them offering $500 was actually fairly generous because they are not at fault (in my opinion) because your system is designed to fail.

I am not trying to sound like a jerk and I am sorry for your loss. But trying to go after them because they had to turn off the power is a joke. they will turn your power off if you dont pay your bill of $100 would that make them liable if that is the reason your tank flooded? or if someone hit a power box with their car, and knocked the power out, would that make the power company liable?

Its like trying to go after the DWR because you got attacked by a bear in the woods because they didnt tell you bears were there....

Again I am sorry for your loss but I really dont think the power company is at fault here and you should have taken the $500.

 

[Purevil21]

I would agree that the system was destined for failure, he was lucky not to have had a total failure sooner. You have to anticipate an eventual power outage when building the tank. It just so happened that the first time his power went out was not accidental, but a planned outage. Where I live we don't receive notices for that, but if they do where he live then I somewhat see the issue. I am stating that by offering anything they are atleast admitting partial fault.

 

[jenatron]

I have to agree entirely, Yetee.

 

[Smitty]

Am I the only one that doesn't think the power company is at fault here? Maybe its because I get power outages regularly, and have taken the precautionary steps to avoid a flood. In my opinion them offering $500 was actually fairly generous because they are not at fault (in my opinion) because your system is designed to fail.

I am also sorry about the loss but can't see how this is the fault of the power company. I have never seen a tank (large or small) that had a sump without a proper overflow that has a break in it. Good luck with everything.

 

[Purevil21]

I also have to admit I haven't seen a tank without means to break siphon.

 

[carey]

If it was a planned outage and he had no notification and is supposed to be notified in his jurisdiction then he should be remunerated. On another note, I would def have taken the $500. You may win in the end but how long and at what cost?

Your situation really stinks, good luck to you!

 

[Ricksreef]

Am I the only one that doesn't think the power company is at fault here? Maybe its because I get power outages regularly, and have taken the precautionary steps to avoid a flood. In my opinion them offering $500 was actually fairly generous because they are not at fault (in my opinion) because your system is designed to fail.

I am not trying to sound like a jerk and I am sorry for your loss. But trying to go after them because they had to turn off the power is a joke. they will turn your power off if you dont pay your bill of $100 would that make them liable if that is the reason your tank flooded? or if someone hit a power box with their car, and knocked the power out, would that make the power company liable?

Its like trying to go after the DWR because you got attacked by a bear in the woods because they didnt tell you bears were there....

Again I am sorry for your loss but I really dont think the power company is at fault here and you should have taken the $500.

I agree,I'm sorry for the loss to,but it is your responsibility to insure your tank is setup to avoid a power outage problem,which can happen anytime,anyplace.IMO,correct the problem so it doesn't happen again,take the $500 and go buy yourself a generator for future use when needed.Due to global warming and the climate changes happening everywhere,I am afraid power outages are in everyone's future.Jumping off soapbox now.

 

[rob_mango]

I feel it is there falt! I have now taken the measures to not have it happen again they told me there was no reason that my power was off it shouldn't of happened so yes it needs to b fixed and it was not do to non payment it was do to them doing work on the house next to me had nothing to do with my house or power it is just there way of screwing with people and they need to step up and and make it right

 

[Purevil21]

I see both sides of this, although I don't think you could win anything in a court setting, what if someone ran into a transformer while driving, or a storm took out your power, it would then be completely your fault for not preparing for a power loss. I see your argument that the power "shouldn't" have been out, but I will tell you an old adage that rings true for me 100% of the time.

Failing to plan is planning to fail.

I am truly sorry you had such a bad incident, if that offer is in writing then hold on to it and fight for more, if they don't give then fall back on it and call it your lucky day. If it isn't it writing, then take that $500 as fast as you can. Unfortunately it takes accidents like this at times to open your eyes.

 

[rob_mango]

If it was an outage do to reasons that were not controlled then yes it would all be on me but it was not the case. And I feel that if it is a scheduled outage then the power company needs to notice everyone it will affect. Just like the city will tell u if they are going to spry ur area for mosquitoes. Its the same principal

 

[Purevil21]

Maybe the rules are different there, but here the power company does not have to notify you of a power outage for maintenance where I live. When you call you get an automated message informing you it will be back soon. Like I said, no matter how you cut it, it would be your fault in a court of law. I would bet that outages have fried many electronics as a result of surges, yet I haven't heard of anyone suing over it. That is why they sell surge protectors. You have to assume that at some point in time, be it act of God or maintenance you are going to lose power eventually. I would get what I could and consider myself lucky.

 

[Joyler]

If it was an outage do to reasons that were not controlled then yes it would all be on me but it was not the case. And I feel that if it is a scheduled outage then the power company needs to notice everyone it will affect. Just like the city will tell u if they are going to spry ur area for mosquitoes. Its the same principal

Have you looked in your jurisdiction about laws like this? I happen to agree with you...but I'm not a judge (and probably for good reason)

 

[mfdrookie516]

While I understand this is a very frustrating situation, and you've lost a lot of money... I highly doubt that the power company will be legally responsible. I know that here, they have no obligation to alert people of planned outages. The exception are those who have provided written documentation letting them know that they use a ventillator (or some sort of medical equipment) and need to be given notice of such an event. IMHO, taking the offer would have been your best bet. If they are not legally responsible (which, I doubt they are), you will end up getting nothing in the end and having to pay for court costs and lawyers fees.