previously buried cable wire is exposed in several places in my yard where dirt has washed away-I have called to report and complain 3X, have a work order # but no repair-I slipped and fell on a new knee replacement on the cable two weeks ago and per my ortho surgeon did soft tissue damage and further caused loosening of the tibia part of the TKA - I thought perhaps it was a Verizon wire, and after calling a tech responded within 2 hrs because of report of injury but he verified after checking and following cable that it belongs to Comcast. How do I get Comcast to repair the wire and the injuries sustained have caused some new problems for me.
Yes, you can sue. As far as analyzing the viability and strength of the claim, additional information would be needed. Talk to VA injury lawyer. Most offer free consultations. Be well.
I am not your lawyer unless we enter into an engagement agreement in writing. This is general information that is given for legal education only. It is not legal advice, and it may not work for your specific situation. I strongly encourage you to consult with a local lawyer to get legal advice and help with your specific situation at your earliest convenience. I am licensed to practice law in Arizona.
A local personal injury lawyer can certainly investigate a claim against the company.
Contact local counsel. Take some good pictures. Get your medical records and I am sure there will be no shortage of personal injury attorneys wiling to represent your interests.
Yes, you have a claim vs. Comcast. Did you make complaints before your injury to Comcast? I am litigating a similar case vs. Verizon where they did a "temporary" install of fiber optic cable, leaving the terminal or hub vault open and cable running over the ground. Seven years later, my client steps in open vault while raking leaves and blows out a lumbar disc.
Your claim may be against Comcast as well as whatever contractor(s) installed the cables, usually subcontractors hired by the cable company to do their installations. Personal Injury lawyers such as myself handle these kinds of cases on a percentage basis, so you will not owe a legal fee unless / until you recover something on the claim.
Be aware, Virginia is one of the last few states to follow an old rule of law called "Contributory Negligence", which means that if you were just 1% at fault for the accident, you recover nothing from them, even if they were 99% at fault. So, for example, they may try to argue that you knew that cable was exposed in that location, so you shouldn't have walked near it.
of course, I am not saying you were at fault - I don't even know the details of your fall. I am merely describing a rule in Virginia that Defendants often rely upon. The exact circumstances of your situation will be most important in understanding the strength of your claim.
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