If a power cut or a power surge damages my household appliances, can I claim against the electricity company?

Yes. You do not usually claim against the electricity supplier that bills you, but against the distribution network operator, which owns the grid and is responsible for the quality of supply. According to several judgments of the “Audiencia Provincial” of Barcelona, the provincial appeal court, if you show that there was a power surge and that it damaged your appliances, it is the distribution network operator that has to prove that it was not responsible. The time limit for suing it is unclear, so it is advisable to make a written claim to it as soon as possible, preferably within one year.

Alburquerque Abogados

José Manuel Alburquerque
Civil liability

Who is liable

  • The distribution network operator, whose name appears on your electricity bill. It is responsible for the continuity and quality of the supply that reaches your home, whichever supplier you have your contract with.
  • It usually escapes liability if the fault was caused by lightning or by a defect in your home's electrical installation. That is why the key evidence is a technician's report linking the fault to the power surge or the power cut.
  • If power cuts in a year exceed certain limits on their number or duration, the distribution network operator has to give you a discount on your bill, which is normally applied in the first quarter of the following year. That discount does not prevent you from claiming for the damage.

How to claim

  • Make a written claim to the distribution network operator for the repair of the appliances or what it costs to replace them. You can also claim for any other damage you can prove, such as food that went off in the fridge.
  • State the date and time of the incident and enclose the technical report and the invoices or quotes.
  • Before suing, you must try to reach an agreement. As a consumer, it is usually enough to have first made a written claim to the company and received no reply or a reply you are not satisfied with. To be on the safe side, your letter should also invite negotiation.
  • If it does not pay you and the amount does not exceed 2.000 euros, you can sue without a lawyer or a court agent (“procurador”).
  • If you have home insurance that covers electrical damage, you can be paid sooner by your insurer, which will then claim from the distribution network operator.
  • The time limit for suing the distribution network operator is unclear, because it depends on how the claim is classified. Make a written claim within one year, because that interrupts the time limit and avoids any argument. If more than a year has already passed, do not give the claim up for lost without taking advice, because the time limit may be longer.

This answer is provided for educational purposes and offers initial guidance on the question raised. Every matter has its own circumstances and nuances that require individual assessment. For that reason, before taking decisions with significant consequences, it is advisable to consult a professional and not to rely solely on this information. Personalised advice makes it possible to apply these explanations to the specific case and to assess the options available with greater certainty.