In its recent decision in Zeck v.Atlantic City Electric (Docket No. A-5506-13T4), the Superior Court of New Jersey, Appellate Division addressed claims derived from electricity distributed by Atlantic City Electric (“ACE”). Although the plaintiffs in Zeck did not specifically set forth a claim for product liability in their complaint, the appellate court concluded that the trial court was not in error when it refused the motion made by ACE to dismiss the complaint. Plaintiffs’ claim was submitted to the jury under the theory that the damage plaintiffs sustained was the result of a manufacturing defect associated with ACE’s electrical service. Of significance is the conclusion that electricity was a product and that its generation and distribution are subject to New Jersey’s Product Liability Act (“PLA”).William J. Wolf of Bathgate, Wegener & Wolf, P.C. successfully sued an electrical utility in a case involving electro-magnetic fields (EMF) and in another case involving stray current. Concluding that electricity is a product, as the court did in Zeck, may enhance the probability of success in suits with electrical companies.Mr. Wolf is a Senior Fellow of the Litigation Counsel of America, he has been designated as a Super Lawyer and AV Preeminent® for many years and he was selected to be listed in the Best Attorneys of America. Mr. Wolf has been certified, by the American Institute of Appellate Practice, as an appellate specialist.
Photo by Alessandro Bianchi on Unsplash