What is the test for determining whether a utility company can be held liable for a motor vehicle accident?

California, United States of America


The following excerpt is from Colich & Sons v. Pacific Bell, 198 Cal.App.3d 1225, 244 Cal.Rptr. 714 (Cal. App. 1988):

17 In Bigbee v. Pacific Tel. & Tel. Co., supra 34 Cal.3d 49, 59, footnote 14, 192 Cal.Rptr. 857, 665 P.2d 947, the court noted that "there are no policy considerations which weigh against imposition of liability under the circumstances presented by this case." In addition to noting that the plaintiff therein suffered "serious" personal injury, the court pointed out that "imposition of liability would not be unduly burdensome to defendants given the probable availability of insurance for these types of accidents which [the utilities] themselves maintain do not recur with great frequency." ( Id., at p. 60, fn. 14, 192 Cal.Rptr. 857, 665 P.2d 947.)

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