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Woman Sues Cox After Tripping Over Coax
A Louisiana woman is suing Cox Communications (via Stop the Cap) because she tripped over a coaxial cable left draped across her mothers' yard. The plaintiff claims Cox repeatedly failed to bury the cable despite repeated requests, and is now suing for unspecified damages after the pregnant woman "injured her arm, right side and received soreness and other bodily injuries" in the incident. Given the number of cable installs we've seen over the years where cable is simply draped over bushes, fences and across yards, it's kind of surprising there aren't more lawsuits of this type.
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majortom1029
join:2006-10-19
Lindenhurst, NY
kudos:1

majortom1029

Member

was it to her house?

IF the cable was going to her house them cox will fire back with the cable is your property. you should have had it buried. I know cablevision in my area states from the pole to your house and inside your house is yours.
Kearnstd
Space Elf
Premium Member
join:2002-01-22
Mullica Hill, NJ
kudos:2

Kearnstd

Premium Member

Re: was it to her house?

the drop is company property until it enters the wall. It is their job to bury it. That is how it is with pretty much any utility, Its their problem once you are a customer.

Majestik
World Traveler
Premium Member
join:2001-05-11
Tulsa, OK

Majestik to majortom1029

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to majortom1029
Cable companies are suppose to either bury cable or run it from pole. Cox installed it. Makes no difference who owns it.
Call the local news or document everything and get legal action and I bet they will have that cable buried in less than 24 hours.

Personally I don't put up with things like this and ask them once. I would have canceled the service and have the cable removed by them. I'm not addicted to TV.
Paul in WA
join:2010-09-11
Centralia, WA
kudos:1

Paul in WA

Member

Re: was it to her house?

Or Internet?

OpTiC
Premium Member
join:2014-03-08
West Covina, CA
kudos:2

OpTiC to majortom1029

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to majortom1029
Really you are saying it's your fuck up and you are blaming Cox. How in the world if you hold a hot coffee and sue McDonald that it's hot. Welcome to America!! I can't believe that I live in a country will millions of lawsuits.
Joe12345678
join:2003-07-22
Des Plaines, IL

Joe12345678

Member

They can just pass the blame to independent contractors / sub contractors

They can just pass the blame to independent contractors / sub contractors and say you have to go after them and say we did not do that install so we are not at fault.
rradina
join:2000-08-08
Chesterfield, MO

rradina

Member

Re: They can just pass the blame to independent contractors / sub contractors

Cox is the face the customer sees. The customer didn't choose which contractor Cox sent to the house and Cox is responsible for their contractors. Cox might sue the contractor for negligence but the customer's beef is with Cox.

DataDoc
My avatar looks like me, if I was 2D.
Premium Member
join:2000-05-14
Martinsburg, WV

DataDoc to Joe12345678

Premium Member

to Joe12345678
The sub was acting as their agent, that excuse won't fly.

NormanS
I gave her time to steal my mind away
MVM
join:2001-02-14
San Jose, CA
kudos:12

NormanS

MVM

Re: They can just pass the blame to independent contractors / sub contractors

said by DataDoc:

The sub was acting as their agent, that excuse won't fly.

The agent represents the company. The company is, ultimately, responsible for the actions of its agents. I saw my former employer, Hewlett Packard, lose a lawsuit over just such an agency.

battleop
join:2005-09-28
00000

battleop to Joe12345678

Member

to Joe12345678
That won't stand up with a judgement. Cox has the deeper pockets so they will be the ones to pay up.

Anonymous_
Anonymous
Premium Member
join:2004-06-21
127.0.0.1
kudos:2

Anonymous_ to Joe12345678

Premium Member

to Joe12345678
actually COX is still responsible since they hired them .

just like hire for murder the
person who hired is still as much as responsible as the killer.

cableties
Premium Member
join:2005-01-27

cableties

Premium Member

FAIL...

She KNEW the cable was there. Its not like she was rider a mower and then got clotheslined because some cable drooped.

Shouldn't a pregnant woman know better? (rhetorical...)

chip89
Premium Member
join:2012-07-05
Independence, OH

chip89

Premium Member

Re: FAIL...

I know! & Now there's going to be warning labels plastered all over cables!
rradina
join:2000-08-08
Chesterfield, MO

rradina

Member

Re: FAIL...

My local cable company uses bright orange cable. However, you are probably right. In addition to brightly colored cable, they'll likely start decorating the lawn with brightly colored plastic flags.
BiggA
Premium Member
join:2005-11-23
EARTH

BiggA

Premium Member

Re: FAIL...

Yeah, most underground communications cabling is orange now. Gas is yellow, not sure what electric and other stuff is.

antdude
A Ninja Ant
VIP
join:2001-03-25
United State
kudos:5
·Time Warner Cable

antdude to rradina

VIP

to rradina
said by rradina:

My local cable company uses bright orange cable. However, you are probably right. In addition to brightly colored cable, they'll likely start decorating the lawn with brightly colored plastic flags.

Mine were black back in 2001 from Adelphia.

NormanS
I gave her time to steal my mind away
MVM
join:2001-02-14
San Jose, CA
kudos:12

NormanS to cableties

MVM

to cableties
Maybe, maybe not. And I did get "clotheslined" by a Comcast drop one night, after their contractors cut the drop from the pole.
nonymous
Premium Member
join:2003-09-08
Glendale, AZ
kudos:1

nonymous to cableties

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to cableties
The first time it would or could be a bad temp placed. if the idiot knows it is there and still trips later an idiot.

buddahbless
join:2005-03-21
Premium
·T-Mobile US

buddahbless

Member

Happen to me with ATT in IL...

I wonder how long the run was. Im my case it was a 500 ft run from the pole to the NIC on the side of my house. ATT is responsible for everything from then NIC out. I kept loosing Uverse (DSL) service daily, However the service tech they sent out only dropped A new line in the grass ( 450 ft of the run was grass, 50 ft was edge of driveway), He connected it to the NIC and left. He said ATT will contact me about sending someone to bury the line in a week. It took almost 3 Months and repeated calls to ATT to get them to send someone out to bury the line. You can only imagine how fun that was every 2 weeks having to cut my lawn(sarcasm).

I wonder with Cox if the same applies, are they responsible from the connection at the side of your house or from the street connection? That will determine if her case has a leg to stand on. Comcast is responsible from the connection at the side of your house out, your responsible for your inside wiring (in FL anyway).

battleop
join:2005-09-28
00000

battleop

Member

Re: Happen to me with ATT in IL...

We had a Metro E install where they left a hole the size of a VW in front of the customer's building. We had to take it to the PUC to get them to come back and fill in the hole.

ieolus
Support The Clecs
join:2001-06-19
Danbury, CT

ieolus

Member

Re: Happen to me with ATT in IL...

And yet you are so eager to defend the incumbents. Color me shocked that you actually went to the regulators to get something done.

battleop
join:2005-09-28
00000

battleop

Member

Re: Happen to me with ATT in IL...

"And yet you are so eager to defend the incumbents."

I am?

chip89
Premium Member
join:2012-07-05
Independence, OH

chip89

Premium Member

*sigh*

You have to be kinding me now there's going to be warning labels on cables.... :/
Chuck_IV
join:2003-11-18
Connecticut

Chuck_IV

Member

Took Charter...

over a YEAR to finally bury mine. Mine was wrapped around the house so to not cross my driveway. Made mowing the lawn a real PITA. I kept calling and calling and calling and nothing. I finally called them and said I was having issues to send a tech. When the tech showed, he couldn't believe it was over a year and found the order to bury it wasn't even IN the system. After fixing the order in the system, a couple weeks later, they finally came and buried it ON A SUNDAY.

All this lawsuit will do is screw people over by making it so they will just never run temporary cable AT ALL and make the people wait for an underground install.

Majestik
World Traveler
Premium Member
join:2001-05-11
Tulsa, OK

Majestik

Premium Member

Re: Took Charter...

said by Chuck_IV:

All this lawsuit will do is screw people over by making it so they will just never run temporary cable AT ALL and make the people wait for an underground install.

And you won't pay until it's completely installed. I see no problem with that at all and why that would be screwing people unless you can't miss an episode of The Living Dead or whatnot.
Chuck_IV
join:2003-11-18
Connecticut

Chuck_IV

Member

Re: Took Charter...

Yea, good luck with trying not to pay them. They will just will pack up and leave. You don't like they way they handle things, fine then don't get them but guess what... with the cable monopolies, you may be SOL for any viable alternatives in your area. Even with viable alternatives, the companies set their terms.

Majestik
World Traveler
Premium Member
join:2001-05-11
Tulsa, OK

Majestik

Premium Member

Re: Took Charter...

said by Chuck_IV:

Yea, good luck with trying not to pay them. They will just will pack up and leave. You don't like they way they handle things, fine then don't get them but guess what... with the cable monopolies, you may be SOL for any viable alternatives in your area. Even with viable alternatives, the companies set their terms.

I don't think you understand. They can pack everything I don't care. Why would I complain about not paying $40 to over $200 per month?
I'm a cord cutter and hardly watch any tv at all. No addiction.
I set my own terms.
Chuck_IV
join:2003-11-18
Connecticut

Chuck_IV

Member

Re: Took Charter...

And how to you get internet for your cord cutting? This goes for HSI as well. I don't get TV from my cable company, I only get internet(and phone). I have no alternative due to issues with the way my phone line is set up with AT&T/Frontier(it's not terminated properly for HSI at the street and it's not cost effective for them to fix it).

If I want HSI, then it's Charter or bust for me. I am at their mercy.

Majestik
World Traveler
Premium Member
join:2001-05-11
Tulsa, OK

Majestik

Premium Member

Re: Took Charter...

I canceled Cox HSI two months ago because of price increase.
For Internet I have my AT&T grandfathered iphone 5 and $30/mo. AT&T grandfathered Unlimited data LTE ipad 4.
Have a $5/mo. wifi hotspot for my main computer(notebook).
For Internet the most important uses for me is access for bill paying,shopping,email,finance,and surfing.

OldCableGuy3
@207.191.193.x

OldCableGuy3 to Majestik

Anon

to Majestik
In my area there are two cable companies, Mediacom and an overbuilder called ImOn. Mediacom does cable drops like what is explained here, run a temporary drop across the yard (they do require installers to bury under sidewalks at the time of the install) and then come back and trench it in later. ImOn does not do temporary drops, and will send a crew out to do a drop bury the day before the install is scheduled. Both have their advantages, but I do prefer the ImOn model. It does take a few weeks longer to get hooked up at the beginning, but having been on both ends of the Mediacom saga (both as an installer for a few years and as a customer) I know first hand how easy it is for a drop bury to get lost.

IowaCowboy
Iowa native
Premium Member
join:2010-10-16
Springfield, MA
kudos:1

IowaCowboy

Premium Member

I had to wait for a new cable

My underground line went bad but I had to wait until spring to have working service because the ground was still frozen. They buried the line before putting it in service with a ditch witch.

I guess in Massachusetts they don't just drape the lines across lawns and bury second. They bury them when they install them and customers have to wait for them to be buried before they can have service or have their service working again.

The reason: Massachusetts is a tort friendly state, it only takes one trip and someone will be owning the cable company. And recent case law made it easier for plaintiffs to prevail in personal injury lawsuits. You see ads all over the place here for ambulance chasing lawyers.

I'm personally a proponent of tort reform.

•••••••

chip89
Premium Member
join:2012-07-05
Independence, OH

chip89

Premium Member

Cle

It's true there's cables on the pole by my house that sit there dangling.

Yucca Servic
join:2012-11-27
Rio Rancho, NM
·Roadrunner Wirel..

Yucca Servic

Member

Cable run

I't always been a cable fail point. I had a kid break a leg even though a line was left on the property line in easement. A bury crew has to have spots for buried utilities before a shovel can break ground. Spotters sometimes ignore the requests so a delay happens or is even forgotten. Pre burying lines is not always possible. Service in progress cables go bad and need immediate replacement. Suing the utility of underground services is a no win situation for either party and the insurance of the provider is the only payout.
rahvin112
join:2002-05-24
Sandy, UT

rahvin112

Member

Re: Cable run

In most states if the call to one call (the name varies per region) is ignored by the utility marking service then the contractor is no longer liable for cuts after a certain period. In my locality if you have record of a call to Blue Stakes (the one call service name) and they haven't marked it within two days you can dig all you want and you won't be liable for any cuts.

Swingerhead
Premium Member
join:2004-04-06
Richmond, VA

Swingerhead

Premium Member

She wont win

Based on the fact that she knew the cable was there, she should have known to exercise caution. A wet floor without a sign that you happen upon would be classic to sue for. If she told someone there was a cable in the yard then tripped over it, they have to ask why did you go over there then? Why didnt you step over it? Its suspicious and they will lead that because they didnt respond in the timeframe she wanted, she "tripped" over it and created a ruckus.
armed
join:2000-10-20
·Charter

armed

Member

Re: She wont win

How do you know she "knew the cable was there". Secondly a reasonable company would assume that a cable left running exposed across the ground may well cause harm to someone whether they knew it was there or not. Was the cable clearly marked so people would know its there? If not shouldn't it be? If leaving cable unburied laying on the ground is safe then why bury it?

For Christ's sake if the corporation cannot temporarily install a friggin cable in a safe manner they ought to be sued for blatant stupidity.

I believe in personal responsibility... by corporations and by individuals. Some only believe in personal responsibility... they think business rights are more important than life itself.

Majestik
World Traveler
Premium Member
join:2001-05-11
Tulsa, OK

Majestik to Swingerhead

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to Swingerhead
said by Swingerhead:

Based on the fact that she knew the cable was there, she should have known to exercise caution. A wet floor without a sign that you happen upon would be classic to sue for. If she told someone there was a cable in the yard then tripped over it, they have to ask why did you go over there then? Why didnt you step over it? Its suspicious and they will lead that because they didnt respond in the timeframe she wanted, she "tripped" over it and created a ruckus.

Maybe a week of waiting. Another request was put in to bury it.
It's been over two months and the job was still incomplete.
I'm sure they will pay her bills.

I guess you have some like myself that would canceled the service if they didn't complete the job. (I always read the invoice,contract,and/or fine print.)
Some will trip,get hurt,and sue after weeks or months of waiting for them to complete the job.
And there are some people who will just live with it, tip toe over it for years and pay the same company to repair the same cable you just ran over with the lawn mower.
tmc8080
join:2004-04-24
Brooklyn, NY
·ooma
·Optimum Online
·Verizon FiOS

tmc8080

Member

common sense

this is not a big lawsuit, unless the baby is damaged in some way. there is a possible contributory negligence issue. was there a way to avoid passing over the cable even if it meant inconvenience? if so, that is exercising contributory negligence and risk taking on her part. on the other hand, why would anyone accept a cable being left in a hazardous condition? the minute that happens it must be escalated to a supervisor and they must make it right or remove the cable ASAP.

as for how much this happens... I'm sure you've come across a narrow ONE WAY street where there is a slow garbage truck taking its sweet time to remove the trash.. well, there's no one behind you.. do you back up or sit there? it's about exercising common sense. safety is the paramount concern... and what the parties did or did not do..

••••••••

kkkkkkkkkkkk
@12.109.156.x

kkkkkkkkkkkk

Anon

Yeah

Sadly.... If either she or someone she hired buried the cable, Cox would be going after her for messing with their property. It was either trip and threaten to sue, or live with it in the yard.

batterup
I Can Not Tell A Lie.
Premium Member
join:2003-02-06
Netcong, NJ

batterup

Premium Member

Now for the rest of the story.

Chardae Nickae Melancon filed suit against Cox Communications Louisiana LLC, Broadspire Services Inc., Superior Telecom Services Inc., Liberty Mutual Insurance Co. and Irtanki Inc. in the 24th Judicial District Court on Aug. 26. That should give all the keyboard lawyers more to pontificate about.
joeMI
join:2006-08-15
Mcmillan, MI

joeMI

Member

Take some personal responsibility for your actions people!

If I was the judge, I'd throw the case right out of court.

You knew the cable was there. You chose not to stay away from it. You tripped and fell.

Sorry, but it's YOUR fault.

forgotmyun
@66.249.83.x

forgotmyun

Anon

Re: Take some personal responsibility for your actions people!

And myself knowing how much these companies fight over demarc and demarc extensions I would disagree and totally hold the cable company responsible since it is beyond the customer's demarc
beavercable
Premium Member
join:2008-05-11
Beaverton, OR

beavercable

Premium Member

I can only speak for our office at Kabletown

If a new line is left on the ground during an install we're supposed to wrap the entire length in caution tape, alert and show the customer or neighbors the location, inform them that it could be there exposed up to 2 weeks, then call in to our dispatch and set up a "drop bury" work order.
armed
join:2000-10-20

armed

Member

Re: I can only speak for our office at Kabletown

Now that is exercising corporate responsibility.

cb14
join:2013-02-04
Miami Beach, FL
·localphone.com
·AT&T U-Verse
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cb14

Member

Just sue the bastards.

This is nothing new. We had here a "temporary" Concast cable hanging from the branches of the trees, running over shrubbery and grass for over a year. Complaining to Concast did not work. City could not help either, they said they could not afford to "upset" Concast.(the very same city which would lien your house in the heartbeat if you did something like that as a private property owner.) But finally they promised to "influence" them and the cable disappeared.
Everywhere you go you are tripping over phone wires coming out from the lawns, wild wires everywhere, caps missing and with all the antique transformers hanging ( or falling) from the antique wooden poles many neighborhoods look like a third world country( increasingly a true picture)

train_wreck
slow this bird down
join:2013-10-04
Antioch, TN
kudos:1
·Comcast Business..
Ubiquiti EdgeRouter Lite
ARRIS SB6190

train_wreck

Member

See this quite often

I'm sure the Cox user agreement forbids her from even looking at Cox' lawyers the wrong way, much less suing, but for the amount of times i've seen/almost tripped over coax lines that Comcast has left unburied for weeks/months, this suit oughta happen, if nothing else than to get them to work on this thing. I get that cable can't be buried in frozen ground and what not, but still...

cb14
join:2013-02-04
Miami Beach, FL
·localphone.com
·AT&T U-Verse
·T-Mobile US
·Verizon Wireless
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cb14

Member

Re: See this quite often

said by train_wreck:

I get that cable can't be buried in frozen ground and what not, but still...

We do not have much permafrost down here....


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