[WSBARP] Electric surge damage

[Matt Yates]

Craig,
I spent some time in the utility industry but very little of it working directly for an electricity provider.  Typically, in the context you are describing, they are sued for negligence exactly as you have previewed.  Aside from the causation issues you'll encounter, depending on the utility involved, you may also encounter the defense of immunity, especially if the utility is a PUD or some other consumer owned utility (i.e. as distinct from an investor owned utility).  If it is an investor owned utility, sometimes there are investigations by the regulator (PUC) as to why service failed especially if there was downtime in the service for an area for an extended time.  As I'm sure you are thinking, regulator wants to know that regulated utility has maintained its equipment appropriately and therefore regulator asks for maintenance records.  Presumably, that is good evidence for your client so you might want to check with PUC to shortcut any discovery you may want to engage in.  Not saying they'll simply turn over the records but you may be able to find some helpful information.  In other words, if there is an outage, there is almost always some information out there about it.  A blown transformer almost always causes an outage. The other great thing is that utilities are often insured to the hilt.

Good luck.
Matt

Matthew D. Yates
Attorney at Law
Yates Marshall, PLLC
10000 NE 7th Avenue, Suite 200
Vancouver, WA 98685
Phone: (360) 449-6100
Fax: (360) 449-6111
matt at englishandmarshall.com
www.yatesmarshall.com



From: wsbarp-bounces at lists.wsbarppt.com [mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of Craig Gourley
Sent: Monday, August 5, 2019 7:44 PM
To: WSBA Real Property Listserv
Subject: [WSBARP] Electric surge damage

List mates, does anyone have experience with holding power companies liable for damage caused by power issues. My understanding is that a transformer blew and ended up burning up elevator motors and HVAC in three buildings. Utility says unforeseen so not their liability. Any input?? Thanks, Craig
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