Damage caused by Openreach

Richard_Wetenhall

I have a question about Openreach’s liability for damage caused by their infrastructure. 

Openreach had a (redundant) line attached to my property. The line was connected to a pole about 30m away, and the cable ran through a large tree standing between the pole and my house. The tree is not mine or on my property. 

A branch fell from the tree onto the line. The force caused the cable to wrench off a 15 foot barge board where it was mounted. The barge board was left hanging above a public footpath and a clear danger to the public. 

I contacted Openreach who sent out an engineer. He took the cable off but said he couldn’t repair damage to the house. I’d have to make a claim against Openreach. So I contacted them and got put in touch with DWF Claims, their claims handlers. 

DWF refused to do anything immediately and suggested that, if the barge board was dangerous, I get it repaired and make a claim. This I did, at a cost of £1100, most of which was getting scaffolding in to remount the board safely. 

I make my claim and now DWF turn round and say it’s rejected! No reasons given and no response to my request for them, nor for a complaint or escalation process. Just radio silence. 

I guess my next step is Small Claims Court. But do i have a case? It was without doubt Openreach’s property that damaged my house. It wasn’t my tree that fell on their line. I would suggest their lack of care in fixing to the house, and lack of maintenance in dealing with the tree, make them responsible. 

I would be very interested in suggestions on my best way forward. 

Ayr_Rage

Claim on your home insurance.

Eldi_Dos

The drop wire from the Pole to your property will have a designed breaking strain, so that pole or brickwork do not get pulled over If it is ever caught by a vehicle or falling branch.The fact that the drop wire stayed intact and the barge board became detached from building may give a indication as to how it would be viewed.

Edit.
Usually when a dropwire is first attached to a property it is via a vine eye type fixing before it runs to wherever it enters the building, could you confirm if that is the case.

Richard_Wetenhall

Yes that’s right. It’s a vine eye attachment

So on this basis I should simply remove any and all Openreach lines and tell them to route underground? I don’t use them any more but they don’t want to remove them (and say they have a right to leave them in place). 

Richard_Wetenhall

Ayr_Rage said:

Claim on your home insurance.

Don’t want to do that until I’m convinced Openreach are not liable.  

Section62

Richard_Wetenhall said:

Yes that’s right. It’s a vine eye attachment

So on this basis I should simply remove any and all Openreach lines and tell them to route underground? I don’t use them any more but they don’t want to remove them (and say they have a right to leave them in place). 

No, because as you say, Openreach have a right to leave their equipment in place.  If you want it removed you have to ask them, but they are likely to bill you for the work required.

LightFlare

The root cause of the problem was the tree.

If you can show that it was rotten and not maintained to a safe standard,then that is your route to any recourse 

Otherwise, it unfortunately gets filed under “stuff happens” and that’s what insurance is for.

Eldi_Dos

Richard_Wetenhall said:

I have a question about Openreach’s liability for damage caused by their infrastructure. 

Openreach had a (redundant) line attached to my property. The line was connected to a pole about 30m away, and the cable ran through a large tree standing between the pole and my house. The tree is not mine or on my property. 

A branch fell from the tree onto the line. The force caused the cable to wrench off a 15 foot barge board where it was mounted. The barge board was left hanging above a public footpath and a clear danger to the public. 

If the dropwire from the Pole to the vine eye on the wall of your property was still intact after the storm and falling branches that suggests to me that there was nothing wrong with the installation.
One scenerio to consider is that the storm lifted the barge boards and if they were stapled to the dropwire that is what stopped them falling to the ground.

I cannot see any liability that Openreach would have if above scenerio is what happened.
As for insurance I wonder what opinion other posters have considering repair works have already been carried out.

Albermarle

Richard_Wetenhall said:

Yes that’s right. It’s a vine eye attachment

So on this basis I should simply remove any and all Openreach lines and tell them to route underground? I don’t use them any more but they don’t want to remove them (and say they have a right to leave them in place). 

They will want to leave a connection in place in case you move and the next owner needs an Openreach connection.
Moving the cables underground would be an area wide operation/project, not just for one property.

littleboo

Hard to see why Openreach would be liable, they didn't cause the issue. Has the tree been properly maintained?

Richard_Wetenhall

littleboo said:

Hard to see why Openreach would be liable, they didn't cause the issue. Has the tree been properly maintained?

Unlikely. It stands on the Parish Council allotments. I’ve never seen any work done on it and I’ve been here 25 years. That said, I have no interest in going after the Parish Council. 

I will tell Openreach to remove their other redundant wires and see what happens.