Colorado Supreme Court: PUC Cannot Limit Xcel’s Liability for Injuries to Non-Customers

A common cause of catastrophic injuries at construction sites and similar work zones is high-voltage overhead power lines. At a distance, these power lines generally do not pose any immediate risk to workers. But the closer you get, the greater the chance that electrical arcs may charge equipment or other objects in the area, which in turn may electrocute an unsuspecting worker and cause them to fall.

Worker Paralyzed After Coming Into Contact with Electrified Tree

The Colorado Supreme Court recently addressed such a tragic accident. The plaintiff in this case, Public Service Company or Colorado v. Outdoor Landscaping, LLC, was both the owner and an employee of a company hired to install outdoor Christmas lights on a residential property. (The employer and the employee are legally separate parties to this action, and they will be referred to as such moving forward.) While standing on a ladder to install lights, the employee came into contact with a tree located about 26 inches from a high-voltage power line. The power line had apparently electrified the tree; the employee subsequently suffered a shock and fell to the ground.

The employee sustained a catastrophic spinal cord injury that left him a paraplegic. He subsequently sued the Public Service Company of Colorado (i.e., Xcel Energy), alleging its negligent management of the power lines caused the tree to become electrified. In response, Xcel argued that under its rate tariff, as approved by the Colorado Public Utilities Commission (PUC), the utility could not be held liable for injury caused by contact between electrical lines and trees unless the lines themselves were defective.

Additionally, Xcel counter-sued the employer, alleging that it failed to comply with the Colorado High Voltage Safety Act (HVSA), which requires any company performing work within 10 feet of an overhead line to notify Xcel in advance. By failing to give such notice, Xcel argued the employer assumed any liability for the employee’s injuries.

The Colorado Supreme Court ultimately determined as follows: First, even assuming that Xcel’s utility tariff, which governs the rates paid by utility customers, limited the ability of non-customers like the employee to sue for damages related to an accident involving a power line, the PUC had no constitutional authority to approve such a tariff. Second, the HVSA only applied to the employer, as the party contracted to perform the work, and not the employee as an individual. And on that point, the Supreme Court agreed with the lower courts that the employer could be held liable for the employee’s accident precisely because it failed to file the required notice with Xcel.

Contact a Grand Junction Construction Site Accident Lawyer

Jobsite accidents often leave employees struggling to cope with life-altering injuries. When someone else is legally responsible for such injuries, it is the victim’s right to demand appropriate compensation. Our Grand Junction construction site accident attorneys can provide valuable guidance and legal representation. Call Killian, Davis & Richter, PC, today at 970-241-0707. We serve clients in Grand Junction, Montrose and Mesa County, Colorado.

Source:

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