California, United States of America
The following excerpt is from Salazar v. Southern Cal. Gas Co., 54 Cal.App.4th 1370, 63 Cal.Rptr.2d 522 (Cal. App. 1997):
" 'If a gas company knows, at the time it turns on the gas, or, after turning on the gas, becomes aware, that there are defects in the pipes, or if the company is in possession of facts that would suggest to a person of ordinary care and prudence that the pipes in the building are leaking or are otherwise unsafe for the transportation of gas, the company is under a duty to make such an inspection or investigation as a person of ordinary care and prudence, similarly situated and handling such dangerous agency, would make to ascertain the safety of the pipes, before it furnishes or continues to furnish gas through them. If the gas company fails to do this and furnishes or continues to furnish gas through the pipes, it does so at its own risk and becomes liable for an injury resulting therefrom to any person in the building who is without fault. Similarly, a gas company knowing that the service line, which it is under no duty to repair or maintain, is rusted and corroded to such an extent as to permit gas to escape must cause the line to be repaired by the person whose duty it is to do so or must shut off the gas at the street.' [Citation.]" (Ambriz v. Petrolane Ltd., supra, 49 Cal.2d at p. 478, 319 P.2d 1.)
Once the gas is turned on, the gas company has no duty to inspect the customer's gas lines absent notice of a leak in those lines. (Ambriz v. Petrolane Ltd., supra, 49 Cal.2d at p. 479, 319 P.2d 1.) But before turning the gas on, the gas company must make sure the gas lines are safe. (Ibid.) " 'Gas companies, as manufacturers and distributors of a highly explosive and inflammable substance, possess technical knowledge of the dangers to be guarded against [54 Cal.App.4th 1378] in handling or installing gas appliances for illuminating and commercial purposes far beyond the knowledge possessed by the average person. It would appear to be the duty of a gas company to make some inquiry or investigation to satisfy itself that all openings in the house pipes are closed at the time it turns on its meters.' [Citation.]" (Id. at pp. 479-480, 319 P.2d 1.)
In the case before the court, the court concluded the evidence supported a finding of liability on the part of defendant gas company. (Ambriz v. Petrolane Ltd., supra, 49
Page 527
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.