Power outage due to storm: lawyer explained whether compensation is due for it

According to her, it is legally important to distinguish two different things:

1. special compensation for untimely restoration of electricity transmission;

2. compensation for specific property or personal damage.

These are not the same claims.

When does the 72-hour rule apply?

“If electricity transmission was interrupted due to natural phenomena – storm, squall, thunderstorm, frost, sleet, flood, or a similar event – causing a failure of energy facilities and equipment, and the network operator did not restore electricity transmission within 72 hours, compensation calculated according to the methodology established by the National Energy Regulatory Council must be paid at the user’s request.

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Important: not every short-term power outage during a storm is automatically recognized as such a failure. The specific cause of the fault, its scale, duration, and the conditions provided by law must be determined,” said R. Joskaudienė.

According to the established procedure, in such cases, the compensation consists of:

• a one-time fixed part – 30 percent of the annual electricity transmission service fee excluding VAT payable by the user;
• a variable part – 0.7 percent of that amount for each hour exceeding the set deadline;
• the maximum annual compensation is usually limited to 50 percent of the annual transmission service fee.

“Thus, the compensation is calculated not from the entire electricity bill and not based on how much spoiled food or household appliances cost. It is calculated according to a special formula,” explained R. Joskaudienė.

72-hour compensation is not full damage reimbursement

“Suppose a person had no electricity for 30 hours, causing products stored in the freezer to spoil. Special compensation for exceeding the 72-hour term would not apply in such a case. However, this does not mean that under no circumstances can the issue of actual losses be raised,” emphasized R. Joskaudienė.

According to the lawyer, it can be separately assessed whether it is justified to claim compensation for:

• spoiled food products or medicines;
• household appliances damaged due to voltage fluctuations or improper electricity supply;
• generator rental and fuel costs;
• necessary temporary accommodation expenses;
• losses from business interruption and proven lost income;
• other damage directly related to the electricity disruption.

However, such losses are not compensated automatically just because the electricity went out. It is necessary to prove:

• the actual amount of losses;
• the specific cause of the electricity disruption;
• the actions or inactions of the responsible entity;
• the causal link between the violation and the damage incurred;
• and in certain cases – that the losses were not caused exclusively by force majeure.

The granting of special compensation and the reimbursement of additional actual losses are separate issues. Double compensation for the same damage is not allowed.

What evidence is most important?

According to the lawyer, it is advisable to keep:

• the exact time of the power outage and its actual restoration;
• notifications from the network operator and registered fault numbers;
• correspondence with the operator;
• photos of spoiled products, medicines, or items;
• receipts, invoices, or other documents confirming their value;
• a report from the household appliance repair company indicating the possible cause of the fault;
• documents for generator, fuel, temporary accommodation, and other necessary expenses;
• in business cases – accounting data, order cancellations, and other evidence confirming lost income.

As R. Joskaudienė stated, a person’s explanation that “the TV broke after the storm” may not be sufficient. According to her, a technical conclusion linking the fault to a voltage surge, interruption, or improper restoration is necessary.

“If the operator reported that electricity supply was restored, but there is still no electricity at a specific site, the fault must be registered again. In case of dispute, the actual time of electricity transmission restoration is important, not the formal sending of the notification,” explained the lawyer.

Where to turn?

A household user must first submit a written claim to the service provider or network operator, clearly stating their demand and attaching evidence.

“A complaint to the energy company for violation of consumer rights must be made no later than 3 months from the day the person learned or should have learned about the violation. If the energy company does not respond within 30 days or the response is unsatisfactory, a consumer dispute can be brought to the National Energy Regulatory Council (VERT) no later than one year from the initial contact with the service provider,” she indicated.

According to R. Joskaudienė, it is important to identify the appropriate responsible entity. “An independent supplier issuing the electricity bill is not necessarily the person who manages the electricity network and is responsible for the physical transmission of electricity and fault repair,” said the lawyer.

If the storm injured or killed a person

When a fallen tree crushes a person, a structure falling from a roof seriously injures a passerby, a tree falls on a car, or a person is struck by a fallen electric wire, it is no longer just about property damage.

In such cases, the following may arise:

• civil liability and obligation to compensate for damage;
• insurance and social security benefit issues;
• public entity liability;
• liability for violations of employee safety;
• and if negligent criminal activity is established – criminal liability.

Who can be responsible?

The responsible entity is determined based on who caused the injury or death and who was obliged to manage and supervise the source of danger.

“For example:

• the owner or manager of the land plot or tree may be responsible for a dangerous private tree;
• the municipality or another specific greenery manager for a dangerous tree growing in a municipality-maintained area;

• the owner or manager of the building according to Article 6.266 of the Civil Code for a part of the roof, facade, balcony, or other structure falling from the building;
• the owner or manager of the road for poor road maintenance or an unmarked dangerous obstacle;
• the specific manager of the electrical device for damage caused by an electrical device or a live wire,” she listed.

According to R. Joskaudienė, the fact that the injury occurred during a storm does not mean there is no liability.

“It will be necessary to assess whether the danger could have been noticed in advance, whether the object was properly maintained, whether there were previous reports, whether safety measures were taken in time, and whether the storm was the sole cause of the damage,” she emphasized.

Struck by a fallen electric wire

The use of electricity is classified under Article 6.270 of the Civil Code as an activity associated with greater danger to others.

“Therefore, if a person is injured by electric current from a fallen but live wire or another electrical device, strict liability of the manager of the greater danger source may apply. In such a case, the victim usually does not need to prove the manager’s fault, but it is necessary to establish the damage, the manager of the greater danger source, and the causal link,” said R. Joskaudienė.

According to her, the manager can be exempted from liability if they prove that the damage was caused by force majeure or the victim’s intentional or gross negligence. A mere declaration that “there was a storm” is not enough – all specific circumstances must be established. (Supreme Court of Lithuania)

“The situation is assessed differently when a person’s health deteriorates not due to electric current but because there was no electricity for a long time and a medical device stopped working. In such a case, the application of Article 6.270 of the Civil Code is not automatic. It is necessary to prove the exact causal chain, breach of operator duties, foreseeability of damage, and that the specific electricity supply disruption caused the health deterioration or death.

A person whose life depends on an electricity-powered medical device should not wait for the general fault to be fixed – the direct threat must be immediately reported to emergency services at 112,” explained R. Joskaudienė.

What is compensated for health injury?

Article 6.283 of the Civil Code stipulates that the person responsible for the damage must compensate all losses and non-material damage caused by health injury.

Depending on the nature of the injury, compensation may be required for:

• lost income due to incapacity;
• treatment, medication, and rehabilitation expenses;
• nursing and other personal assistance costs;
• prosthetics and special equipment expenses;
• special transport or housing adaptation costs;
• professional retraining expenses;
• justified future healthcare costs;
• value of damaged clothes, phone, or other items;
• physical pain, emotional distress, deterioration of quality of life, and other non-material damage.

“The law does not set the amount of non-material damage according to a fixed table. The court assesses the severity of the injury, duration of treatment, residual effects, loss of working capacity, the victim’s age, lifestyle changes, and other individual circumstances,” explained R. Joskaudienė.

Who can claim compensation for damage when a person dies?

A person’s life has no “price” set by legal acts. Each case is assessed individually.

According to Article 6.284 of the Civil Code, the right to compensation for pecuniary damage due to loss of a breadwinner belongs to persons who:

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• were dependents of the deceased;
• had the right to receive maintenance on the day of death;
• are minor children of the deceased;
• are incapacitated parents, spouse, or other actual incapacitated dependents;
• and also a child born after the death of the deceased.

“They may be compensated for the part of the deceased’s income they received or had the right to receive while the deceased was alive.

A person who actually paid for the funeral is compensated for reasonable funeral expenses. This includes the funeral allowance paid by law. Therefore, all expenses must be substantiated with invoices, receipts, and payment documents.

Relatives can also claim non-material damage for the experienced emotional shock, pain, and loss of family ties. However, the right to non-material damage compensation is not automatically granted to every relative just because of a formal kinship,” explained R. Joskaudienė.

Courts assess:

• the actual closeness of the relationship;
• the intensity of communication;
• cohabitation;
• mutual emotional and material ties;
• the impact of the death on the specific relative’s life.

In cassation practice, the right to non-material damage was assessed in cases of an adult child who lost a mother and a person who lost a brother or sister, but such closeness of relationship must be proven.

Can criminal liability arise?

According to R. Joskaudienė, yes, but not every accident during a storm is a crime.

Criminal liability may be considered if it is established that a specific person:

• had a legal duty to supervise a dangerous object or ensure safety;
• knew or should have known about the real danger;
• due to negligence did not perform mandatory actions;
• and there is a direct causal link between this action or inaction and the person’s injury or death.

If a person dies, signs of negligent homicide under Article 132 of the Criminal Code may be evaluated, and in case of serious injury – signs of serious health impairment due to negligence under Article 137 of the Criminal Code.

The Supreme Court of Lithuania emphasizes that severe consequences alone are not enough for criminal liability. A specific breached duty, negligent action or inaction, and legally significant causal link must be established.

“Important: even if a pre-trial investigation is not initiated or no criminal offense is established, this does not mean there is no basis for civil liability. The conditions for civil and criminal liability are not identical,” emphasized R. Joskaudienė.

If an employee is injured during a storm

An employer cannot order an employee under any conditions to:

• climb onto a roof during dangerous wind;
• remove wind-moved structures;
• cut down trees fallen on power lines;
• work near possibly live wires;
• use lifts, ladders, or other equipment when weather conditions do not allow safe work.

Article 22 of the Law on Occupational Safety and Health states that an employee has the right to refuse to work when there is a danger to their safety or health. Work must also be stopped when natural conditions prevent safe performance.

“In such cases, the employer can organize other safe work, and if there is none – downtime must be declared and paid according to the law. An employee’s refusal to carry out an order directly threatening their life or health cannot simply be equated with a breach of work duties,” said R. Joskaudienė.

According to her, if an employee is injured while removing storm damage, the incident must be investigated as a possible workplace accident. It is assessed whether the employer:

• conducted a professional risk assessment;
• prepared procedures for emergency situations;
• properly instructed the employee;
• provided safe work and protective equipment;
• ensured supervision of the work;
• did not force the employee to work under obviously dangerous conditions.

According to the lawyer, violations of employee safety and health requirements causing an accident, failure, or other serious consequences may lead to civil, administrative, and criminal liability depending on the circumstances.

What to do in case of injury or death? The lawyer advises:

1. Call 112 immediately. Priority is always given to human life and safety.

2. Do not change the scene except for actions necessary to save a person or remove other dangers.

3. Document the entire environment: tree, stump, break location, wires, structures, warning signs, location of the car or victim.

4. Collect witness information and ask to preserve video camera recordings as soon as possible.

5. Identify the owner and manager of the object: land plot, tree, building, electrical device, road, or other object.

6. Request in writing to preserve maintenance documents: inspection reports, resident notifications, contracts, fault registers, tree condition assessments, and previous warnings.

7. Keep all medical documents: diagnoses, discharge summaries, sick leave certificates, treatment recommendations, and expense documents.

8. Collect evidence of lost income: salary data, individual activity accounting, lost orders or contracts.

9. Do not rush to sign an agreement waiving all current and future claims for a small payment. Long-term consequences of serious injury sometimes become apparent only later.

“The most important thing is not to let the responsible entity limit themselves to one sentence: ‘There was a storm, so no one is responsible.’

A storm may be a circumstance of damage occurrence, but legal liability depends on whether the object was properly maintained, whether the danger was known or foreseeable, whether it was possible to avoid it, and whose actions or inactions actually caused the injury or death,” stated R. Joskaudienė.

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