Washington v. Louisiana Power and Light Co. – Case Brief
Washington v. Louisiana Power and Light Co., 555 So.2d 1350 (La. 1990).
Facts: Washington was electrocuted when the antenna from his CB radio made contact with Louisiana Power and Light’s (D) uninsulated 8,000-volt transmission line 21.5 feet above the ground. Decedent had encountered the line five years earlier while moving his antenna and was severely burned. Washington requested several times that D insulate the line.
Washington’s adult children (P) brought suit and were awarded $500,000 for pain and suffering and the loss of life of decedent, and $75,000 for loss of love, affection and support. D appealed and asserted that because decedent had been injured 5 years before and since that time was extremely careful not to move the antenna alone or toward the line until the day of the fatal accident, D had not breached any duty owed to decedent.
Issue: Does negligence lie where there is a very small risk of large loss, which when considered together do not outweigh the burdens or costs of precautions?
Holding and Rule: No. Negligence does not lie where there is a very small risk of large loss, which when considered together do not outweigh the burdens or costs of precautions.
After balancing the various factors, the court concluded that although there was a non-zero risk that the antenna would be moved dangerously close to the power line, that risk could not be characterized as unreasonable and D’s failure to take precautions had not been negligent.
Disposition: For D.