QUESTION:

We had no heating on January 31, 2013. On February 1, 2013, we called and scheduled a visit from a heating and air conditioning company. They said there was not enough electricity and that we need to call an electrician. We did. The electrician said that the problem was a circuit breaker, left to get one, and came back. He installed the circuit breaker, and the house caught on fire as soon as he changed the circuit breaker. Can I sue the electrical company for the electrical fire?

ANSWER:

Electricity may be a “product”—and therefore the subject of strict liability—only once it is delivered to the consumer. In contrast, utility providers are not strictly liable for injury resulting from faulty transmission because, prior to delivery to the consumer’s meter, electricity has not been introduced (marketed) into the stream of commerce. Thus, a utility may be liable for injuries attributable to transmission facilities (e.g., fires resulting from crossed power lines or faulty insulation on supply wires) solely on a negligence theory. [Stein v. Southern Calif. Edison Co. (1992) 7 CA4th 565, 568–571, 8 CR2d 907, 909–910].it would be best to seek personal assistance from a lawyer in order to guide in filing a personal injury claim.