Liability for damages arising from problems related with the power supply

Abstract

The procedural channels for claims related with problems affecting the power supply differ depending whether damages are caused by blackouts (or power overloads), or whether they result from faulty grid infrastructure belonging to Distributors. In forensic practice, responsibility is usually laid at the door of the Power utilities even in cases where they are not strictly responsible. Among the possible explanations for this questionable apportionment of blame, we might mention the very complexity of the electricity industry, which hinders any straightforward application of a reasonable liability regime from among those provided in the Spanish Consumers and Users Act (Royal Legislative Decree 1/2007, of 16 November), depending whether the matter concerns power qua product or qua service. This summary is intended to provide a brief explanation of the practical application of the liability regime in the area of Consumer Rights.