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Applicable California Law

California law has long recognized the well known dangerous character of electricity and the extremely dangerous character of wires carrying high voltage electricity. Because of this extreme danger, California courts have recognized the inherent risk to persons and property that can result if the distribution of electricity is not accomplished with the appropriate level of care and prudence. For this reason, the "standard of care" used in connection with the distribution of electricity must be commensurate with and proportionate to its extremely dangerous nature.

Under California law, not only must electrical lines be designed, engineered and constructed according to that standard of care, but thereafter must be the subject of vigilant oversight, maintenance, repair and inspection.

The requisite standard of care in connection with overhead electrical lines is not the same for all overhead lines in California, but varies depending upon the specific local conditions that exist where the lines are located. As explained by California courts, an electric distribution company has a duty to make the wire safe under all the exigencies created by the surrounding circumstances. Simply stated, wires that may satisfy the standard of care in one geographical location in California may be totally inadequate to satisfy the standard of care in a different geographical location.

These surrounding local conditions may include, but are not limited to, the dryness of the land and flammability of the underlying vegetation through and over which the wires traverse, and local weather conditions such as high temperature, low humidity and high winds. Geographical areas that have historically suffered wildfires should require a different standard of care than areas that have no history of fires.

In addition to these general standards of care imposed by California courts, other applicable statutory laws, administrative regulations and orders prescribe further "minimum standards" that must be followed when companies deal with the extreme dangers inherent in the distribution of electricity. For example, General Order 95 of the California Public Utilities Commission specifically applies to overhead electrical supply lines and was written to "insure adequate service and secure safety… to the public in general." Section III of Order 95 expressly states that electrical supply lines must be designed, constructed and maintained in a manner that takes into account the local conditions under which such lines operate.

Another example of a "minimum standard" of care is found in California Public Resource Code Sections 4292 and 4293, which deal with the creation and maintenance of proper separation and clearances of objects from electrical lines in order to guard against the risk of fire.