Bowen v. Niagara Mohawk Power Corp.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
OPINION OF THE COURT
Denman, P. J.
We are presented with an issue of first impression in New York: whether an electric utility may be held liable in strict products liability for damages caused by a surge of an abnormally high voltage of electricity through its transmission and distribution lines. Resolution of this issue turns upon whether electricity may be deemed to be a product in a defective condition unreasonably dangerous to the user or consumer (see, Restatement [Second] of Torts § 402A). For the reasons articulated below, we hold that electricity is not a product for purposes of strict…
2Cases cited8 opinions
- Voss v. Black & Decker Manufacturing Co.New York Court of Appeals · 1983
- Codling v. PagliaNew York Court of Appeals · 1973
- Genaust v. Illinois Power Co.Illinois Supreme Court · 1976
- Ransome v. Wisconsin Electric Power Co.Wisconsin Supreme Court · 1979
- Otte v. Dayton Power & Light Co.Ohio Supreme Court · 1988
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3Cited by12 opinions
- Balke v. Central Missouri Electric CooperativeMissouri Court of Appeals · 1998
- Wyrulec Co. v. SchuttWyoming Supreme Court · 1993
- Bryant v. Tri-County Electric Membership Corp.District Court, W.D. Kentucky · 1994
- Flex-O-Vit USA, Inc. v. Niagara Mohawk Power Corp.Appellate Division of the Supreme Court of the State of New York · 2002
- Monroe v. Savannah Electric & Power Co.Supreme Court of Georgia · 1996
7 more not listed; retrieve them via the Exa API.