Washington v. Louisiana Power and Light Co.
555 So. 2d 1350 (1990)
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Rule of Law:
A defendant is not negligent for failing to take burdensome precautions against a known danger if the probability of an accident occurring is exceedingly low due to the victim's own acute awareness and past cautious behavior, even if the potential gravity of the harm is severe.
Facts:
- John Washington, Sr. had an uninsulated 8000-volt power line owned by Louisiana Power and Light Company (LP&L) spanning his backyard.
- Washington, a citizens band radio hobbyist, had installed a tall metal antenna in his yard, positioning it to be raised and lowered safely away from the power line.
- In 1980, Washington and his son received a non-fatal electric shock when they accidentally touched the antenna to the same power line.
- Following the 1980 incident, Washington expressed his awareness of the lethal danger, stating, 'That could have killed me,' and subsequently requested that LP&L insulate the line at its own expense, which the company declined.
- For the five years between the first incident and his death, Washington was known to be extremely cautious with the antenna and never again moved it near the power line.
- A week before his death, Washington and a friend lowered the antenna from its stand and carefully placed it on the ground in a safe location away from the power line.
- On January 27, 1985, Washington, for no apparent reason, single-handedly raised the antenna from the ground and moved it into close proximity with the power line, resulting in his fatal electrocution.
Procedural Posture:
- The children of John Washington, Sr. sued Louisiana Power and Light Company (LP&L) in a state trial court.
- Following a trial, a jury found LP&L at fault and awarded damages to the plaintiffs.
- LP&L, as appellant, appealed the judgment to the Louisiana Court of Appeal, Fourth Circuit.
- The Court of Appeal reversed the trial court's judgment, concluding that LP&L did not breach any duty owed to the decedent.
- The plaintiffs, as applicants, were granted a writ of certiorari by the Supreme Court of Louisiana to review the appellate court's decision.
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Issue:
Does a power company breach its duty of care by not insulating, burying, or relocating a high-voltage power line when a person, who was acutely aware of its specific danger from a prior accident, is electrocuted after handling a large metal antenna in a manner contrary to his established pattern of extreme caution?
Opinions:
Majority - Dennis, Justice
No. A power company does not breach its duty of care under these circumstances because the risk of harm was not unreasonable. The court applied a balancing test weighing the burden of precautions against the probability and gravity of the potential harm. Although the gravity of harm from electrocution is extremely high, the probability of this specific accident was very slight. The decedent, John Washington, Sr., had a unique and keen awareness of the danger due to his prior non-fatal shock five years earlier. His subsequent five years of exemplary caution made it highly unlikely that he would handle the antenna carelessly. Given the low probability of the accident, the significant burden on LP&L to insulate or relocate its lines—a precaution that would need to be replicated in thousands of similar, non-risky situations—outweighed the magnitude of the risk. Therefore, LP&L's failure to take these additional precautions was not negligent.
Concurring - Lemmon, Justice
Justice Lemmon concurred with the majority opinion without providing a separate written reasoning.
Dissenting - Dixon, Chief Justice, and Watson, Justice
Chief Justice Dixon and Justice Watson dissented from the majority opinion without providing a separate written reasoning.
Analysis:
This case provides a significant application of the Learned Hand formula (B
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