Loss of Use of Communications Services Impacts Numerous Local Businesses Data, Voice Traffic

On Sunday afternoon, January 7, 2007, three fiber-optic network cables owned and maintained by Verizon Communications, Inc., were damaged by a construction crew. The damage occurred approximately 12 feet beneath North Miami Boulevard and downed the telecommunications functions for numerous Durham and Research Triangle Park businesses.

Verizon Communications, Inc., initially claimed phone and data services would be restored by late Monday afternoon.

The Law Offices of James Scott Farrin is one of the many businesses in Durham and Research Triangle Park left without phone, facsimile and/or data services more than 72 hours after the initial construction accident. Literally hundreds of our personal injury, workers’ compensation and car accident clients may have been affected by the lack of communications services.

On Wednesday, January 10, Verizon Communications issued a press release stating “an out of state boring crew” was responsible for the outage and that:

Initial indications suggest that the crew did not exercise due diligence prior to the drill and did not excavate properly, severely damaging Verizon’s network with their boring equipment.

Verizon’s release went on to state:

“We understand how tough it is to work below ground but that is why the locate process is so important,” said John Ferrell, Verizon’s southeast region general manager for operations. “Had that been done properly, as the law stipulates, chances are these businesses would not have had their commerce affected. We will now work around the clock to repair the network and restore their telecommunications functions as quickly as possible, but the damage to the network was major and local conditions have added to the repair challenge.”

Verizon Communications serves nearly 57 million customers worldwide, billing itself as “America’s most reliable wireless network” among many other claims. According to its own press release, Verizon “is deploying the nation’s most advanced fiber-optic network to deliver the benefits of converged communications, information and entertainment services to customers.”

Failure to properly plan an excavation to avoid damage and to minimize interference with underground utilities in and near a construction area is a violation of North Carolina’s Underground Damage Prevention Act (N.C.G.S. §87 - 104). Improper drilling practices by contractors and construction crews resulting in utility outages have resulted in serious injury claims. One outage can result in loss of use damages and significant monetary judgments to affected parties (Source: Samuel T. Ariaratnam and James J. Proszek, “Legal Consequences of Damages to Underground Facilities by Horizontal Directional Drilling (abstract),” Journal of Professional Issues in Engineering Education and Practice 132:4, October, 2006).

If you or your business has been affected by the Verizon Communications outage, you may have suffered damages. The Law Offices of James Scott Farrin is investigating possible litigation against Verizon Communications, Inc. and other potentially responsible parties for loss of use of communications services. We urge you to contact us today for a free consultation about your case. There is never an obligation to hire our law firm.