| No search history |
Your feedback is extremely important to us and greatly appreciated.
Tell us what went wrong

The case of Boca Grande Club, Inc. v. Florida Power & Light Company, Inc., 1993 revolved around the issue of whether a utility company could be held liable for damages caused by a power outage that was not due to any negligence on its part. The plaintiff, Boca Grande Club, had suffered losses when an osprey nest built on top of one of the defendant's transformers caught fire and resulted in a power outage lasting several hours. The club argued that Florida Power & Light should have taken measures to prevent birds from nesting on their equipment as this was a known risk factor for outages. However, the Supreme Court ruled in favor of Florida Power & Light stating that while it is true utilities must exercise reasonable care in maintaining their equipment to avoid causing harm or damage; they are not insurers against all possible harm resulting from use or operation thereof unless there is some statutory provision making them so responsible which did not exist here.
The dissenting opinion in the case of Boca Grande Club, Inc. v. Florida Power & Light Company, Inc., argued that the majority's decision failed to properly apply established principles of contract interpretation and unjustly favored one party over another. The dissent contended that the language used in the easement agreement was clear and unambiguous, granting Florida Power & Light (FP&L) a broad right to use its easement for any purpose related to providing electric service without restrictions on how or where it could place its facilities within this area. They believed FP&L should not be penalized for using modern technology which did not exist at the time when agreement was made as long as it is serving same purpose i.e., supplying electricity. Furthermore, they disagreed with majority’s view about considering community aesthetics while interpreting an utility company’s rights under an easement agreement because such considerations were never part of original deal between parties involved.