Claim against grid company after voltage surge in power grid
Supreme Court judgment 24 January 2022, HR-2022-192-A, (case no. 21-064933SIV-HRET), civil case, appeal against judgment.
Elvia AS (Counsel Henning Harborg), Energi Norge (intervener) (Counsel Ole Rasmus Asbjørnsen) v. Tryg Forsikring NUF, Fremtind Forsikring AS, If Skadeforsikring NUF, Codan Forsikring NUF (Counsel Amund Hol Steinsvik)
Justices: Skoghøy, Webster, Noer, Arntzen, Steinsvik
A tree fall over a power line caused a voltage surge in the distribution grid and extensive damage to electrical installations and appliances for a number of power subscribers. The insurers that had covered the damage demanded recourse from the power grid company. Like the lower instances, the Supreme Court concluded that the grid company was liable for the damage, as the conditions for exemption from liability under the control liability rule in section 33 subsection 2, cf. section 24, of the Consumer Purchases Act were not met. The tree fall was a cause of damage that objectively was within what the power grid company had the opportunity to control, and the company had not substantiated that the tree fall was beyond its control. The reasons for the surge were also foreseeable, so the power grid company could reasonably be expected to consider them at the time of the agreement. Consequently, exemption from liability was also prevented by the consideration requirement.