ESB Accident

Irishmale

My silage contractor hit an esb pole while cutting silage. He rang me to tell me after. Have rung esb to tell them of problem. Will this be an expensive fix?

snowman707

yes

contractor's insurance will pay

STIG83

Hit it with the harvester or one of the tractors and trailer? So it the contractor is at fault for it?
What will it be? Just a new pole?

Irishmale

One of the tractors hit it. Its broken and on the ground but the wire wire stayed up, being held up by the two poles either side of the broken one. I will try not to make it my problem.

sh1tstirrer

Irishmale wrote: »

One of the tractors hit it. Its broken and on the ground but the wire wire stayed up, being held up by the two poles either side of the broken one. I will try not to make it my problem.

It's the contractors problem he will have to pay up. This happened a good few years ago to a neighbour of mine the cost of replacing the pole back then was €2000. I am not sure but I think it's around the 5-6000 mark now:eek:

Irishmale

Holy john deere tractors batman. Ill be giving out other peoples details like nobodies business.

STIG83

Irishmale wrote: »

One of the tractors hit it. Its broken and on the ground but the wire wire stayed up, being held up by the two poles either side of the broken one. I will try not to make it my problem.

Im sure that driver got a bollocking, but look it at this way, the driver could have been electrocuted especially with electricity involved.
I remember a few years ago of a contractor in the area tipping an ESB cable with the chute of the harvester, think the cable is low enough where it is.

STIG83

sh1tstirrer wrote: »

It's the contractors problem he will have to pay up. This happened a good few years ago to a neighbour of mine the cost of replacing the pole back then was €2000. I am not sure but I think it's around the 5-6000 mark now:eek:

Jesus that's some money!! but i supoose you have to take in getting it fixed, knocking off the electricity for a few hours, the cost of the pole and a few other things i cant think of too.

ravima

you're assuming that he is insured and that his insurance will cover it. he may not have any insurance, or he may not have disclosed that he is a contractor, or the driver might not be covered.

If that is the case, then ESB will go after you as well.

STIG83

ravima wrote: »

you're assuming that he is insured and that his insurance will cover it. he may not have any insurance, or he may not have disclosed that he is a contractor, or the driver might not be covered.

If that is the case, then ESB will go after you as well.

Im sure the contractor has insurance, sounds pretty serious!!

snowman707

ravima wrote: »

you're assuming that he is insured and that his insurance will cover it. he may not have any insurance, or he may not have disclosed that he is a contractor, or the driver might not be covered.

If that is the case, then ESB will go after you as well.

why ?

The owner of the vehicle that hit the pole is liable

loremolis

Irishmale wrote: »

My silage contractor hit an esb pole while cutting silage. He rang me to tell me after. Have rung esb to tell them of problem. Will this be an expensive fix?

I'm don't believe that you or the contractor have any liability to the ESB.

The pole is on private property isn't it?

The ESB only have the right to place the pole/line on the land under a wayleave notice. That allows them to enter onto the land carry out the works in erecting the line and to leave.

There is no contract betwen you and the ESB which establishes any liability for you if anything happens to that line.

Have a look at the ESB/IFA Code of Practice, Section titled Indemnity.
http://www.oranmore110kvproject.ie/OranmoreContent%5C13.%20ESB-IFA%20Code%20of%20Practice%5CESB-IFA%20Code%20of%20Practice.pdf

Also, there was a supreme court case a little while ago where a contractor accidently hit a line with a silage harvester. He was actually awarded compensation for damage to the harvester by the Supreme Court.

Whats the difference between the line and the pole?

Basically, the ESB should be paying you a rent for the section of land sterilised by the pole. The amount is so small that no one bothers collecting it. They do quantify and pay compensation for double pole sets and pylons, and the same should apply to single pole.

I'm not saying that the ESB won't try to charge you as they would hate to miss the opportunity of trying. When they try to collect it makes it look like they are in the right.

If you want more info on the case I mentioned let me know.

Also, perhaps this is a question which you should put to the legal forum.

sh1tstirrer

loremolis wrote: »

I'm don't believe that you or the contractor have any liability to the ESB.

The pole is on private property isn't it?

The ESB only have the right to place the pole/line on the land under a wayleave notice. That allows them to enter onto the land carry out the works in erecting the line and to leave.

There is no contract betwen you and the ESB which establishes any liability for you if anything happens to that line.

Have a look at the ESB/IFA Code of Practice, Section titled Indemnity.
http://www.oranmore110kvproject.ie/OranmoreContent%5C13.%20ESB-IFA%20Code%20of%20Practice%5CESB-IFA%20Code%20of%20Practice.pdf

Also, there was a supreme court case a little while ago where a contractor accidently hit a line with a silage harvester. He was actually awarded compensation for damage to the harvester by the Supreme Court.

Whats the difference between the line and the pole?

Basically, the ESB should be paying you a rent for the section of land sterilised by the pole. The amount is so small that no one bothers collecting it. They do quantify and pay compensation for double pole sets and pylons, and the same should apply to single pole.

I'm not saying that the ESB won't try to charge you as they would hate to miss the opportunity of trying. When they try to collect it makes it look like they are in the right.

If you want more info on the case I mentioned let me know.

Also, perhaps this is a question which you should put to the legal forum.

That's interesting and also makes a lot of sense.

Irishmale

Thanks for the info. The contractor seemed non plussed and he has been at it for years, I doubt this is the first time it has been done. I will post it in the legal forum and ill keep you all updated. My farm is covered in poles and so I will see how I get on.

Thanks

s-cogan

STIG83 wrote: »

Im sure that driver got a bollocking, but look it at this way, the driver could have been electrocuted especially with electricity involved.
I remember a few years ago of a contractor in the area tipping an ESB cable with the chute of the harvester, think the cable is low enough where it is.

T'would have fairly hard to electrocute him without electricity involved.:D

sorry, couldn't resist

JohnBoy

We got some serious tree pruning done earlier in the year by a local contractor with the tractor mounted saw.

as we watched (from a good distance) we were amazed at the abuse the phone lines took. there were branches hanging off them on numerous occasions.

We asked him during lunch "what happens if you break a cable"

he said you'd be amazed how much weight they can take but that he's broken a few over the years and he just calls it in and they get fixed, no-one's ever come back to him about it.

just shrugged his shoulders at it.

futurefarmer

I have seen digger drivers dig up phone cables and hard wire them back together using any whites !!! thats when u get to see who rings ur neighbours

loremolis

Irishmale wrote: »

Thanks for the info. The contractor seemed non plussed and he has been at it for years, I doubt this is the first time it has been done. I will post it in the legal forum and ill keep you all updated. My farm is covered in poles and so I will see how I get on.

Thanks

I think you can ask a moderator to move it over for you if you don't want to start again

DEUTZ1507

I know this is an old thread buy iv just damaged an esb pole with my tractor
Im facing a massive bill and threat of court if i dont pay according to esb
Can any one shed some light on my situation ?

_Brian

DEUTZ1507 wrote: »

I know this is an old thread buy iv just damaged an esb pole with my tractor
Im facing a massive bill and threat of court if i dont pay according to esb
Can any one shed some light on my situation ?

IMHO pay up is the only answer... Either the ESB will get you.. or the zombie thread monsters

DEUTZ1507

Ok thanks no quite the answer i was looking for

cj maxx

DEUTZ1507 wrote: »

Ok thanks no quite the answer i was looking for

Look a few posts back to one by lormois (I think)
Might be of help

DEUTZ1507

That who i was hoping would see it he seams to know his stuff in this area
Hopefully he sees my post
Thank you

decmeister

send loremolis a private message

DEUTZ1507

I dont have enough posts in only a new member

rangler1

DEUTZ1507 wrote: »

I dont have enough posts in only a new member

Did you ask your insurance to pay,
That's what you pay insurance for, I know I'd be claiming if it was me

Buford T. Justice XIX

DEUTZ1507 wrote: »

I know this is an old thread buy iv just damaged an esb pole with my tractor
Im facing a massive bill and threat of court if i dont pay according to esb
Can any one shed some light on my situation ?

I'll close this thread, DEUTZ, as the previous suggestion to open a thread in the legal forum would be the right road for this question, I feel, and the thread is 5 years old now.

http://www.boards.ie/vbulletin/forumdisplay.php?f=633

If you fail over there, please feel free to open a new thread in here and we can try to find some information for you from our posters here.

barnaman

http://www.irishtimes.com/news/crime-and-law/esb-responsible-for-power-linesstriking-silage-maker-1.901567

Different to hitting a pole by a long way and a spin put on the case by the earlier post imo. Where was the pole? Some chane if poorly placed ie by yard entrance/gate etc