Did Western Power Have a Duty of Care to Protect Persons and Property near its Distribution System?
The High Court of Australia ruled in Western Power Distribution Pty Ltd v. Lawrence [2021] HCA 10 that electricity distribution company, Western Power, owed a common law duty of care to a property owner whose property was destroyed in a bushfire allegedly caused by a faulty power pole. The duty required Western Power to take reasonable care to avoid or minimize the risk of injury to persons and property from the ignition and spread of fire in connection with the delivery of electricity through its distribution system. The decision has important implications for the electricity industry in Australia regarding liability for damage caused by faulty equipment.
