Liabilty

[PCN]

About 6 or 8 years ago we did a remodel on a lakefront house. Basically a new kitchen,bath,laundry room and exterior lighting. We added a few new branch circuits but otherwise did no service upgrades.

Fast forward to yesterday, an electrician from a different company is working on the same residence during a severe lighting storm and bang, lighting strike close enough that he gets hit. Fortunatley he is okay but in the hospital.

The GC from the project that I worked on years ago calls me and says the service (done by another company two years before I show up) was not properly grounded, one ground rod. And the owner wants to know why I didn't take care of this 8 years ago.

My question is, if I'm not upgrading the service is it my responsibilty to dig around and make it's ground is code compliant?

I told the GC to contact the contractor who installed the service.

Also, would the second ground rod have made a difference? I've seen the aftermath of lightning strikes in the past where it has blown devices clear out of the wall. Two ground rods made no difference in those cases.

Thanks, I think I'm smelling legal action.

 

[Rewire]

Let the finger pointing begin!!!!! Unless your scope of work included an ohm test on the ground rod I think you are in the clear and the guy who did the service should be called.

 

[Buck Parrish]

Two grd. rods may not be required. No way of knowing with out testing it.

I don't think lightning would have cared any way.

 

[Flex]

Who inspected the service? Wouldnt it be there problem?

 

[growler]

an electrician from a different company is working on the same residence during a severe lightning storm and bang, lighting strike close enough that he gets hit. Fortunatley he is okay but in the hospital.

Well we can't give him the Darwin Award but we can give him an honorable mention for trying real hard to remove himself from the gene pool.

If you want to work on an electrical system during a severe lightning storm you are taking your chances. :grin:

 

[SEO]

I agree with growler.

 

[PCN]

Let the finger pointing begin!!!!! Unless your scope of work included an ohm test on the ground rod I think you are in the clear and the guy who did the service should be called.

I just hope the lawyers see it that way. You know how they are, they will even go after the painter if they think they can.

 

[PCN]

Who inspected the service? Wouldnt it be there problem?

Actually in this particular town the utility inspects the service. They don't have an eletrical inspection dept. You just need a masters lic. to pull a permit.

 

[nakulak]

it is not an industry standard practice to go around testing the resistance of ground rods (and not many guys are equipped to do so), and since there was no work being done to the service, why would there be any reason for you to assume there was a deficiency. they are just fishing for a fall guy. don't talk to them. (also, since the lighting has already distrubed the ground, there is no way to prove that there was any deficiency prior to the strike)

 

[StephenSDH]

Another ground rod wouldn't have done anything.

 

[petersonra]

Thanks, I think I'm smelling legal action.

If so, contact your insurance provider and let them handle it. That is why you buy liability insurance. I am betting they will ask to have all queries on this issue handled by themselves rather than you.

IMO, you had no responsibility to correct any deficinecies that may or may not have existed in the existing electrical system when you modified it, unless that was part of your scope of work.

Its entirely possible the service was NEC compliant (i.e.-<25 Ohms). Unless someone tested it back then, there is no way to know.

 

[charlie b]

For whatever comfort this may give you, I agree with the previous statements to the effect that you did not cause this problem, and could not have prevented it. But I must take a moment to remind you that no statements posted on this forum by any forum member can be used to support one side or the other in a legal dispute. I believe you would be doing an injustice to your fellow members if you even showed these comments to your own lawyer. This forum cannot function if its members feel we must be on guard and reserved with our support for other members, lest our statements be brought into court.

My advice, should you indeed be summoned to a legal discussion, is to have your own lawyer hire an expert witness.

 

[mcclary's electrical]

If you only ran branch circuits, IMO, it's not your responsibility to re-inspect a service that has been inspected, released to poco, and operating for two years. Also, IMO, they cannot even go after the first contractor successfully. He'll just say one tested fine, so there was no need for two. How are they gonna prove him wrong? 10 years ago? It was inspected, did the county test 25 ohms or less? They are grasping at straws. You're definately not responsible, and his case could be beaten easily. And, IMO, the second rod would not have changed a thing unless both rods were in completely soaked ground. Most likely would have been the same outcome.

 

[PCN]

For whatever comfort this may give you, I agree with the previous statements to the effect that you did not cause this problem, and could not have prevented it. But I must take a moment to remind you that no statements posted on this forum by any forum member can be used to support one side or the other in a legal dispute. I believe you would be doing an injustice to your fellow members if you even showed these comments to your own lawyer. This forum cannot function if its members feel we must be on guard and reserved with our support for other members, lest our statements be brought into court.

My advice, should you indeed be summoned to a legal discussion, is to have your own lawyer hire an expert witness.

Thanks Charlie, I understand exactly what you're saying. I did post mostly for comfort and piece of mind. I know I'm in the right, sometimes one needs to hear it from his peers just to be sure.

Hopefully it never evolves into bigger things. This forum is often a good barometer to determine if I'm out of my mind or not. As you know these guy's never hold back with their opinons .

 

[marti smith]

I recently was getting a haircut in a place that had a strike on it (it had been shut down for days and I had to know why). The service had been blown off the wall; carbon everywhere, a path through the tile from one side of the building to the other, up and down one wall, it was indeed phoenomenal (sp?). Because of this, I agree with Buck Parrish. Does anyone know of any results existing from research done on lighting arrester systems?

 

[r_merc]

8 yrs ago

8 yrs ago

At the time of original Install there probably was no requirement for a second ground Rod, what kind of water pipeing was used is there 10' in the ground? It is NE where the OP is from.

 

[ivsenroute]

You did not install the service, you did not inspect the service install, therefore you are not responsible. Don't even concern yourself with this one. After an event like this, people scramble to place blame when someone gets hurt and throw out the liability blanket.

 

[PCN]

At the time of original Install there probably was no requirement for a second ground Rod, what kind of water pipeing was used is there 10' in the ground? It is NE where the OP is from.

This house which is in Maine has a well with plastic pipe coming into the house.

 

[PCN]

You did not install the service, you did not inspect the service install, therefore you are not responsible. Don't even concern yourself with this one. After an event like this, people scramble to place blame when someone gets hurt and throw out the liability blanket.

I spoke with my lawyer yesterday,he said the unfortunate thing is insurance companies will try to sue everyone who has ever touched the electrical system. I know I'm not responsible for this, but just the notion of legal action makes me ill.