ABSTRACT
This chapter focuses on the legal aspects of liability under tort law resulting from lightning strike and attempts to bring to light some of the problems and hurdles to overcome in order to establish such liability. Courts in other jurisdictions, however, may not feel it necessary to consider foreseeability of injury as a factor to weigh in determining negligence. Many of the injuries, deaths, and damages from lightning occur when lightning travels over telephone lines and enters the house or building that the lines enter. Most of the injuries and deaths result when someone is actually speaking on the phone when the lightning strikes. In order for the plaintiff to show that the defendant breached its duty and was negligent under this standard of care, the plaintiff need only show that he was exposed to excessive noise or sound when using the telephone.
