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Lightning Liability And ISP Installation

Members of the ISP-Wireless suggest that anyone who is installing antennas or other equipment on customers' roofs should be concerned about liability for lightning damage.

[January 17, 2002]

On the ISP-Wireless list in January, PD asked,

"Can a WISP who installed an antenna on a customer's roof be held liable for lightning damage to the customer's equipment and/or electrical system?"

A number of respondents suggested simply excluding such liability as part of your contract:

[RY noted] "Not if your service contract specifically excludes liability for this and any other contingencies. I would not want to be responsible for piercing the roof, either."

[RC agreed] "We put it in our contract that we do not guarantee any lighting protection."

Others contended that it's a legal requirement you can't avoid:

[BM offered] "Lightning protection is required as part of the National Electrical Code: I don't think you can exempt it with any language. In addition, it may be outlined in the antenna manufacturer's material sheets. I'm not a lawyer, but I would think one could make a case. That's why they make insurance: to protect us from attorneys!"

[MT agreed] "A WISP that does not properly ground or provide lightning protection can and will be liable. There were a few WISPs out there that learned the lesson the hard way. Consider the addition of a properly grounded lightning arrestor an inexpensive investment."

[AM laughed] "And some folks ask me why I make my installations so 'pretty,' like it's a hobby or something! More like I'm scared into it: fear of lawsuits is a prime motivator."

JS observed that, as long as you follow the rules, you should be safe from legal liability:

"If your installation does not meet National Electrical Code for antenna installations, you will lose in court. If you meet code, you will win in most cases. The NEC requires a grounded connection bonded to the electrical ground system near the point of entry of the exterior cable. Towers have special grounding requirements under the NEC. Lightning arrestors are a good idea, but are not a requirement under the NEC. There are grounding straps, split bolt connectors, ground blocks, and other grounding items, needed: I suggest you buy a few supplies and have a licensed electrician do at least one grounding job for you if you have never done it. It is not terribly difficult, but there are many people who never take the time to fully understand the importance of grounding."

—End