Negligence: Power Line Accident-Independent Contractor-Strict Liability

Staff Report//January 27, 2020

Where a plaintiff, who was injured working on high-voltage power lines, brought claims including negligence and strict liability against the electric cooperative defendant, the plaintiff’s employer was an independent contractor, and the defendant did not exercise the type of control over the plaintiff’s work to support liability, so the judgment is affirmed because North Dakota does not hold utility companies strictly liable for injuries from contact with high-tension power lines, and there was no liability under the theory of strict liability for abnormally dangerous activities.

Judgment is affirmed.

Meyer v. McKenzie Electric Cooperative Inc. (MLW No. 74424/Case No. 18-3244 – 5 pages) (U.S. Court of Appeals, 8th Circuit, Wollman, J.) Appealed from U.S. District Court, Northwestern District of North Dakota, Hovland, J. (Shelby Larson, Minot, North Dakota, argued for appellant; Mark V. Larson appeared on the brief) (Robert B. Stock, Fargo, North Dakota, argued for appellee).

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