VERMONT SUPREME COURT SIDES WITH GREEN MOUNTAIN POWER, UPHOLDS LANDOWNER TRESPASS PRECEDENT

BENNINGTON, Vt. NewsWK By Randy Breland, Editor— The Vermont Supreme Court issued a unanimous decision upholding long-standing property liability protections for landowners, ruling that Green Mountain Power (GMP) cannot be held liable for injuries sustained by a child who trespassed into a locked utility substation.

The state’s highest court affirmed a previous Windsor County Superior Court summary judgment that threw out a negligence lawsuit against the utility company.

The decision stems from a severe and tragic incident occurring more than a decade ago in May 2013. The plaintiff, Ian Treadway, who was 12 years old at the time, was playing with two friends near the South Street electrical substation in Springfield, Vermont. According to court documents, Treadway entered the substation and either came into direct contact with electrified infrastructure or got close enough for a high-voltage electrical current to arc to his body, causing severe burns.

High Court Rejects ‘Attractive Nuisance’ Argument

Attorneys for Treadway argued that the state should adopt the “attractive nuisance” doctrine. The legal doctrine, recognized in many other states, creates a liability exception for children by imposing a duty of care on landowners if a dangerous, artificial condition on the property is likely to attract young trespassers who may not fully grasp the safety risks.

However, writing for the unanimous court, Justice Harold Eaton Jr. stated that the justices declined to overrule Vermont’s established common law, which generally dictates that property owners owe no legal duty of safety to trespassers beyond avoiding intentional or reckless harm.

“We decline to overrule our existing cases,” Justice Eaton wrote, preserving the traditional framework of Vermont landowner liability.

Substation Security Measures Cited in Ruling

The high court emphasized that Green Mountain Power had taken significant, visible precautions to secure the dangerous site and warn the public to stay away.

Court records detailed that the South Street substation was fully enclosed by a chain-link fence topped with vertical barbed wire, standing over eight feet tall. The perimeter was also clearly marked with six separate warning signs reading “DANGER” and “HIGH VOLTAGE KEEP OUT.” Additionally, the operational equipment produced a distinct, audible electrical hum.

“Despite the indications that this infrastructure was built with the intent to keep people out and the visible and legible warning signs to that effect, plaintiff entered the substation,” the court’s decision noted.

While the exact method of entry remained partially disputed—with conflicting recollections over whether Treadway squeezed between locked gates or used a gate latch as a foothold to scale the upper boundary—both parties ultimately agreed that entry occurred past the padlocked security perimeter.

Witness statements from the case file also revealed that Treadway’s friends had warned him right before the accident, with one stating they were walking away and telling him, “I’m going to laugh at you when you get electrocuted,” moments before hearing a loud bang and seeing smoke.

By maintaining current precedent, the Vermont Supreme Court’s ruling reinforces legal protections for utilities and private property owners statewide who fully secure their hazardous properties and install compliant safety barriers.

This report covers public legal and court filings out of Montpelier and Windsor County. For more regional updates across Southern Vermont, keep refreshing bennington.newswk.com.