• via Alberto da Giussano, 26, 20145 Milano
  • +39 02 8295 4969
  • info@studiolegalebianucci.it
Avv. Marco Bianucci
Avv. Marco Bianucci

Damages & Compensation Lawyer

A voltage surge can damage expensive appliances, from refrigerators to computers, from modems to televisions, up to electronic systems used at home or for work. When the failure follows a blackout, the return of power, or a visible anomaly in the system, it is natural to wonder whether the damage is compensable, who should be held liable, and whether the purchase invoice alone is sufficient.

I help you distinguish what makes a claim well-founded from what, instead, still leaves the cause of the failure open. We will see why it is not enough to prove that the device has stopped working, how to identify the involved party among the power grid, the condominium, and the private system, and what elements are needed to quantify the damage without confusing a simple malfunction with a right to compensation.

When a Voltage Surge Can Justify Compensation

Compensation does not arise automatically from a breakdown. It is necessary to connect three elements: an abnormal electrical event, actual damage to the asset, and a causal link, meaning a concrete relation between that event and the found defect. If the oven does not turn on after an outage, the temporal proximity is a useful clue; however, by itself, it does not rule out wear and tear, an internal defect, or a problem in the domestic electrical system.

The cause of the damage is the core issue. An overvoltage can damage electronic boards, power supplies, or sensitive components; the reactivation of power can also coincide with the failure. But the term "surge" does not resolve the matter. It is necessary to understand whether the anomaly originates from the external grid, the common areas of the building, the home electrical panel, an outlet, or the appliance itself.

Whoever claims compensation must prove the essential facts. Article 2697 of the Civil Code governs the burden of proof; Articles 1223 and 1227 are relevant, respectively, for the extent of compensable damage and for the avoidance of reasonably preventable aggravations. The general reference is the Civil Code published on Normattiva. In practice, a claim becomes more solid when it documents the event, the technical nature of the failure, and the economic value of the asset.

Contemporaneity Is Useful, but Must Be Explained

Multiple failures at the same time can strengthen the reconstruction. If the modem, refrigerator, and television stop working after power returns, or if several apartments report problems in the same time slot, the hypothesis of a common event becomes more concrete. However, it does not automatically identify the responsible party: two devices connected to the same power strip might have suffered an internal problem within that power strip.

The previous condition of the appliance also matters. A dated device may be eligible for compensation if it is damaged by an external event, but age, maintenance, previous repairs, and operating conditions affect both the causal connection and the value to be recognized. Pre-existing damage or a deteriorated component may instead lead to a different conclusion.

Power Grid, Condominium, or Private System: Who Can Be Involved

The company indicated on the utility bill does not always coincide with the physical grid operator. Energy sales to the customer and the management of the distribution grid are different functions. European regulations assign the distribution system operator tasks of operation, maintenance, and development of a secure, reliable, and efficient grid; these tasks are described by Article 31 of Directive (EU) 2019/944.

If the anomaly originates before the delivery point, the distributor may be the relevant technical interlocutor. The delivery point is, in simple terms, the boundary between the public grid and the system serving the user. To correctly identify the involved party, information regarding the supply, communications relating to the disruption, and, where they exist, data on interventions carried out on the grid are necessary.

If the failure is inside the building, the answer changes. An incorrect connection in the condominium electrical panel, a defect in the common areas, an intervention performed on the system, or a problem in the private apartment line require looking at who had management or control of that part. The fact that the damage affected multiple homes is important, but does not allow one to establish solely whether the origin is external or condominium-related.

An Atmospheric Event Does Not Always Exclude Liability

The presence of a lightning strike or a storm does not automatically close the matter. A ruling by the Court of Taranto of March 18, 2026, concerning damage to appliances after a lightning strike on the line, valued technical assessments on grid protections and on the link between electrical impulse and damages. The institutional page of the Court of Taranto reports the case and the application of Article 2050 of the Civil Code in those specific circumstances.

That pronouncement does not make all overvoltage cases identical. In the examined case, precise technical elements emerged, including the absence of adequate protections on grid structures. In a different claim, the force of the atmospheric event, the state of the private system, the installed protection devices, and the conclusions of a technician may assume relevance. The decisive factor remains the concretely ascertained cause.

Evidence That Helps Connect the Event to the Failure

A technical report is often the most useful document. Photographs and videos show that the asset does not work, but rarely explain why. A diagnosis from a assistance center or technician can indicate the appliance model, the faulty component, repairability, intervention cost, and the compatibility of the defect with an electrical anomaly. Absolute formulas are not necessary when data does not allow certainties: a clear and verifiable technical description is needed.

The date of the event must be established with coherent elements. Useful elements may include a report to the operator, an interruption communication, messages from the building manager, photographs of the system, screenshots of assistance calls, and statements from other users who noticed the same disruption. These elements do not all carry the same weight, but can reconstruct a sequence: anomaly, failure, technical verification, and incurred expense.

Do not immediately replace the asset without documenting its condition. If the device is safe to keep, it is preferable to wait at least for the technical diagnosis before disposing of it. The appliance, replaced components, and photographs can become important if the origin of the damage is contested. If, instead, a smell of burning, deformed cables, hot outlets, or sparks emerge, safety comes first: do not reactivate the device and have the system checked.

The value of the asset also requires evidence. Purchase invoice, warranty, model spec sheet, estimate, and repair invoice help understand how much the appliance was worth and what expense is actually necessary. If the purchase document is missing, it does not mean that the claim is impossible, but it becomes more important to gather alternative elements regarding the model, age, and conditions of the device prior to the failure.

What the Compensation Claim Can Include

The primary damage is normally the cost of repair. If the asset is repairable with a technically adequate intervention, the technician's estimate or invoice offers a concrete parameter. If repair is not possible or costs more than the reasonable value of the appliance, the claim may concern the economic prejudice deriving from the loss of the asset.

Replacement does not always coincide with the price of a new and better product. An appliance or a computer used for years does not necessarily have the value of a newly purchased model with superior functions. Model, age, use, maintenance state, and residual lifespan affect quantification. This does not artificially reduce the damage: it serves to request a sum connected to the actual loss.

Additional damages must have independent proof. If the failure blocks tools used for a professional or entrepreneurial activity, the cost of the device and any economic loss are distinct items. For the latter, it is not enough to state that one worked less: it is necessary to show which services were missed, which alternative was not available, and what economic consequence derived from it.

How to Formulate a Claim Without Confusing a Complaint with Compensation

A technical complaint and a monetary claim have different functions. Reporting a disruption serves to communicate the anomaly and may allow acquiring information on the interruption or the intervention carried out. A compensation claim, instead, must indicate the fact, the damaged assets, the proposed cause, the available documents, and the damage that is being claimed or that has yet to be quantified.

The description must be precise, not long. Date, time slot, interested address, supply identification, damaged appliances, technical diagnosis, and expense documents are more useful data than a generic formula such as "voltage surge". If the origin is not yet clear, it is correct to state so and ask for the necessary feedback, without definitively attributing the failure to a party lacking concrete elements.

Insurance can be an alternative to evaluate. Some policies for homes, condominiums, or businesses provide coverage for electrical phenomena, with specific limits, deductibles, exclusions, and reporting procedures. An insurance payout alone does not clarify who caused the damage, but it can be a distinct path when coverage is applicable. The insurance policy must be read together with its conditions, not just the name of the coverage.

Acting in an orderly manner prevents evidence from dispersing. It is useful to gather the utility bill or contract, event chronology, photographs, reports, diagnosis, estimates, and documents on the value of the assets. Unnecessary duplicates are not needed: data is needed to distinguish network damage from a private system defect and to explain with what criterion the requested sum was calculated.

Errors That Can Weaken the Claim

Indicating the responsible party before knowing the origin of the failure is a frequent error. If the problem concerns the condominium electrical panel or the private line, focusing the claim solely on the network operator may not lead to the necessary clarification. Conversely, ignoring a widespread disruption in the area can cause the loss of important information to reconstruct a common event.

The invoice for the new asset alone does not prove all the damage. It proves an expense, but is not always sufficient to prove the failure of the previous appliance, the electrical cause, and the relationship between the old asset and the newly purchased replacement model. The invoice gains greater value if accompanied by a diagnosis, estimate, photographs, and documents relating to the damaged device.

One must not aggravate the problem after the event. Repeatedly turning on an appliance that emits a burning smell, ignoring a tripping breaker, or leaving a potentially damaged system unmonitored can increase risks and make it more difficult to separate the initial damage from subsequent consequences. Securing the area and documentation can proceed together.

Frequently Asked Questions

Can I request compensation if only a single appliance was damaged?

Yes, even a single asset can be compensable. However, the claim requires convincing elements on the connection between the failure and the electrical event. A technical diagnosis compatible with overvoltage, combined with a disruption report and documents on the value of the appliance, is more useful than the mere observation that the asset no longer turns on.

Must I send the claim to the company listed on the utility bill?

Not always, because sales and distribution may involve different entities. If the anomaly originates on the network, the distribution operator may be the technical reference to identify. If the defect is in the home panel, common areas, or private line, the claim may instead need to be addressed to a different entity.

Can I throw away the appliance after purchasing a new one?

It is preferable to keep it until diagnosis, if it presents no risks. The asset can serve to ascertain the faulty component and the possible electrical cause. When safety requires removal, document the appliance first, keep photographs, technician's report, replaced components, and proof of any disposal.

Am I always entitled to the price of a new appliance?

No, the sum depends on the actually proven damage. Repair is normally the first parameter if possible and adequate. When the asset must be replaced, model, age, previous conditions, and characteristics of the damaged device affect the amount. An upgrade purchase may be necessary for personal needs, but does not automatically coincide with compensable damage.

Does the manufacturer's warranty exclude a claim for a voltage surge?

No, the two issues can concern different causes. The warranty may be pertinent if the failure depends on a defect of the product or sale. A claim for overvoltage instead concerns an external event that would have damaged the asset. Before choosing the path to follow, it is necessary to clarify what cause emerges from the technical diagnosis.

A Useful Step Before Claiming Compensation

The most effective claim starts from the cause, not the desired sum. When the damage is significant, involves multiple devices, or is contested, you can contact me in Milan to outline possible liabilities and set up the claim based on the documents actually available.