Utility Provider Liability for Electrical Failure: Implications for Interdependent Critical Infrastructure

As power failures continue to occur and a consistent record of the types of effects experienced by dependent critical infrastructure accumulates, there may be changes in the courts’ finding of fact as to what is “reasonably foreseeable.” If this shift occurs, the minimum standard of care owed by one party to another may be affected and the bar on what constitutes a reasonable level of blackout preparedness and mitigation efforts may be raised.