What is a power line inspection?
A power line inspection is a safety assessment by a utility company or specialized contractor to ensure the power line is safe, reliable and structurally sound.
How are power lines inspected?
Power lines are inspected through a combination of traditional and modern methods, which are generally safer, more efficient, and more cost effective. Here are the typical ways power lines are inspected, and the equipment and technology that is used:
- Visual inspection – Inspectors walk or drive around lines checking for any obvious signs of wear, damage, or potential hazards.
- Ground inspection – Inspectors can also perform a more in-depth inspection by climbing poles or using specialized equipment to test the integrity of the lines.
- Aerial inspection – A traditional aerial inspection is done by helicopter, but more inspectors are now opting for modern drones, which are more efficient, more cost effective, and safer.
- Infrared inspection – Infrared cameras are sometimes used to detect temperature changes along power lines, which can indicate problems that are not visible to the naked eye or in an aerial inspection.
Why are power line inspections important?
Power line inspections are important because they allow utility companies to identify when maintenance and repairs are needed, which is essential to ensuring the safety of the public and utility workers as well as providing uninterrupted electrical power to the communities served by the utility.
What are the laws regarding power line inspections?
The laws regarding power line inspections generally require utility companies to maintain, inspect, and repair their power lines in order to protect the public and utility workers.
In Schultz v. Consumers Power Company, the Michigan Supreme Court ruled that the an electrical utility company “that maintains and employs energized power lines . . . has an obligation to reasonably inspect and repair wires and other instrumentalities in order to discover and remedy hazards and defects . . . [and] to protect the public from danger. . . . Electric companies must exercise ordinary care to guarantee that equipment is kept in a reasonably safe condition.”
In Levi v. Southwest Louisiana Electric Membership Cooperative, the Louisiana Supreme Court ruled that “a power company has an obligation to make reasonable inspections of wires and other instrumentalities in order to discover and remedy hazards and defects.”
The laws regarding power line inspections center around two factors: (1) frequency; and (2) timing.
Frequency of Inspections
The frequency of power line inspections depends on the circumstances:
- In Andrews v Appalachian Electric Power Co., the Supreme Court of Virginia ruled that “[h]ow often inspection [of power lines] should be made depends upon the circumstances of the particular case.”
- In Couch v Pac Gas & Electric Company, the California Court of Appeals ruled that “the duty of a power company regarding electric wires and equipment requires reasonably prompt and frequent inspection, and failure to comply with this rule charges it with notice of a defective or dangerous condition.”
- In Olivedell Planting Co v Town of Lake Providence, the Supreme Court of Louisiana held “An electric company is under a duty to make reasonable and prompt inspection of its wires and appliances; and, where the defect does not arise from an electric company’s negligence, its liability turns on whether it knew, either actually or constructively, of the dangerous condition in time, by the exercise of reasonable care, to have avoided the injury. . . . The reasonableness of the inspection depends, not only on the condition of the line, but also on the nature of the danger to be feared. . . . Where the dangerous condition causing injury results from defendant’s negligence, it is immaterial whether defendant has notice thereof. Where a dangerous condition is not caused by negligence, the company is not liable for resulting injuries unless it fails to remedy such conditions within a reasonable time after actual or constructive notice, but it is entitled only to a reasonable time.”
Timing of Inspections
The timing of utility pole and power line inspections also depends on the circumstances:
- In Roberts v. Pacific Gas & Electric Company, a tree fell and pulled down a wire, which remained on the ground for two and a half months, partially blocking the roadway. The court ruled that the company should have known about the defect due to the extended time the wire was down, creating a presumption of negligence for failing to inspect.
- In Weissert v. Escanaba, the Michigan Supreme Court recognized that “‘if a storm that could not be anticipated, or reasonably foreseen, is the cause of a wire falling, and the company is not negligent in allowing it to remain there for an unreasonable time, then under those circumstances, it will not be liable for injuries resulting.’” The high court ruled there was no liability for injuries resulting from a power line that was downed during a storm where “[a]s soon as the defendant learned of the condition of its line, it immediately proceeded to remedy the situation.” After stating that a defendant “is entitled under the law to a reasonable time to correct any defect in its system after discovery of such defect, and could not be held liable otherwise, unless it was negligent in failing to discover such defect sooner,” the Michigan Supreme Court found that the defendant “was not negligent in its failure to make discovery” of the downed power line sooner than it did.
Who is responsible for power line inspections?
Electric utility companies are responsible for power line inspections. Utility companies are required by law to regularly inspect, maintain, and repair power lines to ensure their safety, reliability, and structural soundness, including checking for wear and tear, insect infestation, weather damage, and other potential dangers.
Rule 214 of the National Electric Safety Code requires utility companies to inspect their power lines and equipment “at such intervals as experience has shown to be necessary.” The rule also states that power lines with “recorded defects that could reasonably be expected to endanger life or property shall be promptly repaired, disconnected or isolated.”
The Michigan Supreme Court in Schultz v. Consumers Power Company, has ruled that the an electrical utility company “that maintains and employs energized power lines . . . has an obligation to reasonably inspect and repair wires and other instrumentalities in order to discover and remedy hazards and defects . . . [and] to protect the public from danger. . . . Electric companies must exercise ordinary care to guarantee that equipment is kept in a reasonably safe condition.”
Similarly, the Louisiana Supreme Court in Levi v. Southwest Louisiana Electric Membership Cooperative ruled that “a power company has an obligation to make reasonable inspections of wires and other instrumentalities in order to discover and remedy hazards and defects.”
If a power line is found to be defective, and it causes damage, harm, or death, the utility company can be held liable for negligence if they failed to meet their inspection obligations.
What happens if a power line fails inspection and causes an electrical injury or death?
If a power line fails inspection and someone is hurt or killed as a result, the power company can be held liable for negligence if you can prove: (1) it owed a duty of care; (2) it breached that duty; (3) its breach caused the injury or fatality; and (4) actual damages were incurred (pain and suffering, medical costs, lost wages, etc.).
Power companies have a duty to regularly inspect and maintain power lines to ensure the safety of its workers and the public at large. If a hazard such as a downed wire exists long enough that the power company should have discovered it, the law presumes the company had “constructive notice” of the danger. If this failure to inspect is found to be the direct cause of an injury or fatality, the power company may face legal action in the form of a personal injury or wrongful death lawsuit.
