Mississippi Code

Miss. Code Ann. § 45-15-13 (2026)

Violation of chapter; application of chapter

✓ current as of July 2026

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(1) Any person who knowingly violates this chapter may be subject to a civil penalty in an amount not to exceed Five Thousand Dollars ($5,000.00) to be imposed by a court of competent jurisdiction against said person and such penalty shall be deposited in the General Fund.

(2) There is hereby created a right of action on behalf of any electric utility which is required to pay any sum for injury or death of any person resulting from contact with a high voltage overhead line against any person whose negligence is a proximate contributing cause of such injury or death for that portion of any non-agreed judgment for damages rendered against and paid by the electric utility and attributable to the negligence of such person, however, the electric utility may not recover any portion of such sum which is attributable to its own negligence. The right of action created hereby shall not be available against persons who comply with the provisions of this chapter, and violations of this chapter shall not be considered negligence per se but may be considered as evidence of negligence.

(3) Nothing contained in this chapter shall be construed to alter, amend, restrict or limit the liability of persons as defined herein for violation of his duty under current law to use a high degree of care in the construction, maintenance and supply of electricity; nor shall any person be relieved from liability as a result of violations of standards under existing law regarding the construction, maintenance and supply of electricity, where such failure to use a high degree of care or violations of existing standards are found to be a cause of damage to property, personal injury or death.

(4) Other than an electric utility filing a claim under this chapter, nothing contained herein shall be construed to alter, amend or expand in any way the provisions of Section 71-3-9, Mississippi Code of 1972, as to an employee, his legal representative, husband or wife, parents, dependents, next of kin or anyone otherwise entitled to recover damages at common law or otherwise from such employer on account of such injury or death.

(5) Nothing contained herein shall be considered as a waiver of immunity in whole or in part as to any governmental entity or construed to alter, amend, restrict or limit in any way the protections provided in Sections 11-46-1 et seq., Mississippi Code of 1972.

(6) The provisions contained in this chapter do not apply to construction, reconstruction, operation or maintenance by an authorized person of overhead electrical or communication circuits or conductors and their supporting structures or electrical generating, transmission or distribution systems or communication systems.

Codes, 1942, § 7015-17; Laws, 1960, ch. 257, § 7; Laws, 1988, ch. 530, § 7, eff. 7/1/1988.

Notes of Decisions

Cited in 6 cases, 1994–2013 · leading case: Ware v. Entergy Mississippi, Inc., 887 So. 2d 763 (Miss. 2003).

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Ware v. Entergy Mississippi, Inc., 887 So. 2d 763 (Miss. 2003). · cites it 2× “On the other hand, Ware is correct in his assertion that the resolution of this issue does not enlarge Entergy's rights on the allocation of fault under Miss.Code Ann. § 45-15-13(2), which provides: There is hereby created a right of action on behalf of any electric utility…”

Barnett v. Oathout, 883 So. 2d 563 (Miss. 2004). · cites it 2× “See Miss. Code Ann. § 45-15-13 (2)(f), (3) & (4).”

Cent. Maine Power Co. v. Devereux Marine, Inc., 2013 ME 37 (Me. 2013). “Miss.Code Ann. § 45-15-13(2) (Westlaw through 2012 Reg.”

Tonya Eastman Caskey v. Prentiss Cnty Elctr Power Assn (Miss. 1994). · cites it 12× “PCEPA rested its claim for indemnification from Hercules on Section 45-15-13 of the Mississippi Code.”

John H. Ware v. Entergy Mississippi, Inc. (Miss. 2002). · cites it 2× “On the other hand, Ware is correct in his assertion that the resolution of this issue does not enlarge Entergy’s rights on the allocation of fault under Miss. Code Ann. § 45-15-13 (2), which provides: There is hereby created a right of action on behalf of any electric utility…”

Helen Barnett v. Charles E. Oathout (Miss. 2001). “§ 45-15-13 (2)(f), (3) & (4). When DHS started termination of parental rights proceedings in the present case, the Youth Court, rather than terminating parental rights, awarded durable legal custody to Helen.”

— Miss. Code Ann. § 45-15-13(2) — 2 cases

Ware v. Entergy Mississippi, Inc., 887 So. 2d 763 (Miss. 2003). “On the other hand, Ware is correct in his assertion that the resolution of this issue does not enlarge Entergy's rights on the allocation of fault under Miss.Code Ann. § 45-15-13(2), which provides: There is hereby created a right of action on behalf of any electric utility…”

Cent. Maine Power Co. v. Devereux Marine, Inc., 2013 ME 37 (Me. 2013). “Miss.Code Ann. § 45-15-13(2) (Westlaw through 2012 Reg.”

— Miss. Code Ann. § 45-15-13(3) — 1 case

Tonya Eastman Caskey v. Prentiss Cnty Elctr Power Assn (Miss. 1994). “PCEPA rested its claim for indemnification from Hercules on Section 45-15-13 of the Mississippi Code.”

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