Strauss v. Belle Realty Co.
Court of Appeals of New York
482 N.E.2d 34 (1985)
Strauss (plaintiff), a 77-year-old tenant in a New York City apartment building owned by Belle Realty Company (defendant), fell and was hurt on darkened basement stairs during the 1977 citywide blackout, caused by the gross negligence of Consolidated Edison (defendant), which supplied electricity to the building's common areas under a contract with Belle Realty. Strauss sued Belle Realty for failing to maintain the stairs and Consolidated Edison for negligently providing electricity; the trial court found an issue of fact as to whether Con Edison owed Strauss a duty, but the Appellate Division reversed and dismissed Con Edison as a party, finding no duty to a noncustomer.
Whether a power company owes a duty of care to a noncustomer, where his injury was foreseeable, but where expanding the orbit of duty to include him would lead to unmanageable levels of liability.