Power surges damamge computer

What is the name of your state (only U.S. law)? NY

Can an electric company be held responsible for an unannounced brown-out and power outage that electronically damaged a computer? Say the computer needed extensive hardware replacement or the cost of repair would exceed the cost of a new system.

Brown-outs, black outs, and power surges are a known inherent risk that comes with the use of electricity and cannot always be controlled by the power company either. You have responsability to ensure the safe and proper use of the service. You could (and should) have used a surge protector or other device to limit the flow to the computer.

Call the electric company and ask.

I never investigated this, but there was a 'power event' that damaged my brother's microwave oven. A few weeks later he received a letter from the electric company explaining that they were accepting liability for that particular incident. I don't know why they did that, I just know that they did.

debodun said:

What is the name of your state (only U.S. law)? NY

Can an electric company be held responsible for an unannounced brown-out and power outage that electronically damaged a computer? Say the computer needed extensive hardware replacement or the cost of repair would exceed the cost of a new system.

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more often than not; no.

they are not liable for events beyond their control. If somebody hits a pole and knocks out power, they are not liable for damages due to something like that.

Depending on why there is a brown out, they might be liable. There are state and federal regulations of the quality of power they provide and if they stray outside of those requirements without justification, they are often liable for damages caused.


With that said; if you are in an area that is prone to brown outs, it would be a wise move to purchase a UPS to protect your equipment.

Was your surge protector not working?

Electric company produces power that you purchase. They really make no claims that the voltage or amp will remain constant

Antigone*of*Greece said:

Was your surge protector not working?

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surge protectors do not protect against brown outs. They protect against surges (longer term over voltages) and spikes (short term over voltage). A brown out is a long sag (under voltage) and the only thing that is going to protect against that is an automatic shut down on under voltage or a UPS (uninterruptible power supply)

musicman654321 said:

Electric company produces power that you purchase. They really make no claims that the voltage or amp will remain constant

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by state and federal law, they are required to provide a mandated level of quality (at least by anything within their control)

debodun said:

What is the name of your state (only U.S. law)? NY

Can an electric company be held responsible for an unannounced brown-out and power outage that electronically damaged a computer? Say the computer needed extensive hardware replacement or the cost of repair would exceed the cost of a new system.

Click to expand...

New York does not consider electricity to be a "Product" that would imply strict products liability. Bowen v. Niagara Mohawk Power Corp. 140 P.U.R.4th 24, 590 N.Y.S.2d 628

I suspect other jurisdictions that consider electricity to be a product may apply strict products liability and an implied warranty of merchantability.

justalayman said:

by state and federal law, they are required to provide a mandated level of quality (at least by anything within their control)

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Those regulations probably pre-empt a products liability/strict liability claim.

Stevef said:

New York does not consider electricity to be a "Product" that would imply strict products liability. Bowen v. Niagara Mohawk Power Corp. 140 P.U.R.4th 24, 590 N.Y.S.2d 628

I suspect other jurisdictions that consider electricity to be a product may apply strict products liability and an implied warranty of merchantability.

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The question isn't whether the electricity caused the problem but the failure to provide the legally mandated level of power to a consumer without prior notice of the deficiency be enough to cause liability.

"Prove it"

debodun said:

What is the name of your state (only U.S. law)? NY

Can an electric company be held responsible for an unannounced brown-out and power outage that electronically damaged a computer? Say the computer needed extensive hardware replacement or the cost of repair would exceed the cost of a new system.

Click to expand...

That will be what they say.

Ordinary static electricity can fry sensitive components. Is the computer on fire or just not working?

I mean did a power spike/event occur that you can prove NiMo/ConEd/NYSEG caused intentionally or negligently and the computer was immediately causally damaged?

That is you burden of proof. That kind of proof costs money

a New computer (and the power conditioner / UPS you shoulda had) costs like $550