The family of an 11-year-old boy, who died in a Texas home that suffered a power outage during the cold snap last week, is suing energy company Entergy and state grid operator Electric Reliability Council of Texas (ERCOT) for more than $ 100 million, according to reports.
The wrongful death lawsuit, filed with the Jefferson County District Court, alleges that widespread blackouts contributed to the suspected death from hypothermia of the boy, Cristian Pavón Pineda, the Houston Chronicle reported.
The lawsuit also alleges that ERCOT and the power company could have prevented death had they properly protected the power grid from harsh winter weather, or warned residents of prolonged outages. It accuses Entergy Texas and ERCOT of gross negligence.
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“ Despite being aware of the bad weather forecast at least a week in advance, and knowing that the system had not been prepared for over a decade, ERCOT and Entergy did not take any preventive action that could have made the crisis. turn away. unprepared to face the current crisis, ”the lawsuit said, according to ABC News.
ERCOT is an independent power grid, meaning it is not subject to federal regulations or required to winterize the power grid, according to the paper.
“Of course, just because there is no legal requirement to do so doesn’t mean that failure to do so is reasonable behavior,” the lawsuit claims. “ERCOT failed all Texans, and allowed providers to abandon Texans.”
An Entergy Texas spokesperson told the Houston Chronicle that the company was unable to comment due to pending lawsuits.
“We are deeply saddened by the loss of life in our community,” the company said.
“This is a tragedy, and our thoughts and prayers are with the family,” ERCOT said in a statement. “We have not yet reviewed any pending lawsuits and will respond accordingly as soon as we do.”
Cristian Pavón Pineda, who emigrated to the US with his family two years ago – was found dead in his bed last week – after spending some time in the snow for the first time in his life, his family told the newspaper.
Maria Pineda speaks in Conroe, Texas on Feb. 18, 2021. Pineda’s son, Cristian Pavon Pineda, 11, died of suspected hypothermia when temperatures plummeted in the teens. (Gustavo Huerta / Houston Chronicle via AP, File)
It was his first time (seeing snow). That’s why he was excited outside, “said his mother, Maria Elisa Pineda Thursday.” Everything was good. He was happy that day. He was not ill at all. “
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The Conroe mobile park home where they were without power Monday morning and the family huddled together to stay warm while the temperature dropped in the single digits, reports said.
The family said the child – who did not respond the next day – froze to death. According to Conroe police, the official cause of death is pending the results of an autopsy.
“This is a young man who died for no other reason than company decisions,” the Pineda family’s attorney told ABC News on Sunday.
Last week, Texas governor Greg Abbott, a Republican, said he had ordered an investigation into ERCOT amidst statewide power outages in freezing temperatures.
“Far too many Texans lack power and heat for their homes as our state faces freezing temperatures and harsh winter weather. This is unacceptable,” Abbott wrote in a statement.
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ERCOT officials have defended their preparations and the decision to start forced out on Monday as it just hit a breaking point. The agency previously said it has taken drastic action to prevent a catastrophic statewide power outage.
Conroe is located approximately 40 miles north of Houston.
The Associated Press contributed to this report