Court of Appeal reverses consumer claim against B.E.L.

A decision in the Court of Appeal regarding power surges and damaged appliances could have major implications for all of us who use electricity. Orange Walk resident David Madrid sued Belize Electricity Limited following an incident on December twenty-fourth 2002 that damaged or destroyed more than thirty thousand dollars worth of household appliances. Madrid says around eleven that day, he and other residents on Cemetery Street noticed sparks coming from nearby electricity lines. A report was made to B.E.L. but forty minutes later no one showed up. Then came an explosion from the transformer. Madrid says that’s when his two refrigerators, a washing machine, clothes dryer, microwave, televisions and eight fans stopped working. During the Supreme Court case, Justice Samuel Awich upheld Madrid’s motion, finding that B.E.L. was negligent because there was an unreasonably delayed response from the company’s technicians … a move that would have mitigated the damage. However, in the appeal case, Justice Motley pointed out that the plaintiffs did not give evidence of exactly what caused the damage, whether it was power surges caused by two wires touching prior to the explosion or the explosion itself. Motley also noted that even if the crossed wires was the cause it does not mean that B.E.L. was particularly negligent. The thirty thousand dollar judgment against B.E.L. was overturned. So where does all this leave consumers? We’re not sure but according to Madrid’s attorney, Samira Musa Pott, if you find surges occurring in your neighbourhood, quickly shut off your home’s breaker to avoid damage to your stuff. We understand that Madrid and B.E.L. had been in negotiations for more than two years over compensation before the frustrated consumer decided to take legal action against the company. B.E.L. was represented in the Court of Appeal by senior counsel Dean Barrow.