Legal Question in Civil Litigation in Georgia
Hello. Due to a failure of the neutral element in the electric utility power cable that runs from the transformer to the house, there was a tremendous power surge that totally damaged a number of appliances that now have to be replaced. The underground power line totally shorted out and the power company had to place that entire underground line. The power company says they are not responsible for any damage reimbursement because the failure of the neutral element in the underground power line was unintentional. That seems to be a ridiculous defense on their part. It was their underground power line that failed and caused the power surge which destroyed so many of the appliances. Is there any basis or arguments that we can use for continuing to pursue reimbursement from the power company for the damaged appliances that we have to replace?
1 Answer from Attorneys
While it may seem factually ridiculous,case law in most states favors utility companies. That means EVERY homeowner and renter MUST pay extra and get a rider on their insurance (regular homeowners excludes surges) to cover such surges (you can also buy it from Ga. Power). If you were smart and have such coverage, just make a claim. The only possible good news for you is Georgia courts have in a handful of cases, allowed such claims in court (expect Georgia Power to fight you). Sadly your fees on experts and lawyers will way exceed the damages, so absent a fatality, such a case, even if you won, would be a money-loser.