COURT FINDS THAT PG&E WAS NOT LIABLE TO UNINVITED GUEST WHO WAS ELECTROCUTED ON ITS TOWER

Personal Injury law can be complicated and if you have suffered an injury it always makes sense to consult an attorney.  In a recent case involving the electrocuting death of a teenager the Court found that PG&E was not responsible for wrongful death.

In that case, Manuel v. Pacific Gas & Electric Co., a fourteen year old accident victim, Erika Manuel climbed a transmission tower owned by PG&E and was electrocuted, suffering serious injuries.  Erika and her friend were walking on a trail and came upon a transmission tower.  Erika climbed upon the tower, the anti-climbing guards.  At some point in her climb she came in contact with a live transformer, was electrocuted, and fell.

The Court found that there was immunity for PG&E under California Civil Code Section 846.  That section of the personal injury law immunizes the owner of real property from suit arising out of an injury sustained by a person who uses property for recreational purposes, is not invited onto the property, and doesn’t pay any fee to enter the property.

The Plaintiff (the person filing the lawsuit) argued that there should have been a barrier around the tower and that the construction allowed for a would-be climber to get a foothold.  The Court disagreed and found that the landowner has no duty of care to those uninvited guests who come upon land for recreational purposes unless the landowner willfully fails to warn against a dangerous condition.  In this case there was a large sign upon the tower which read, DANGER High Voltage Ahead, KEEP OFF.

This decision by the Court made a lot of sense.  A landowner if he puts up some warning about a dangerous condition, shouldn’t be liable for someone who ignores the warning and then suffers a personal injury.  If not, it would be virtually impossible for a landowner to prevent against liability.

If you have a case in which you have been injured in an automobile accident, a slip and fall, or in some other accident, please call me, David Foos, at the law offices of Bowman & Associates.  I can be reached by telephone at (916) 923-2800 or by email at dfoos@bowmanandassoc.com.  We do not charge anything for our services unless we get you an award of damages.  I have over 25 years experience as a Court Judicial Officer and as a trial attorney.

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