What is a bathtub curve in electricity law?
In electricity law, the “bathtub curve,” or “bathtub reliability curve,” is a graphic representation of the lifespan and reliability of electrical equipment and systems, highlighting when failures are most likely to occur.
The “bathtub curve” gets its name from its shape, which resembles the cross-section of a bathtub, as it reveals a high failure rate at the beginning (the “infant mortality” phase), followed by a long flat period of low failure rates (the “normal life” phase), and finally an increase in failures as the equipment ages (the “wear out” phase).
Electric companies who design power line structures and other electrical equipment use the “bathtub curve” to analyze and predict equipment failure, and to determine the optimal time for equipment replacement. Power companies are supposed to use this information to protect the public from electrocution and injury by inspecting and repairing the structures.
But power companies often try to extend the life expectancy of their infrastructure beyond the breaking point that’s predicted by the bathtub curve — because it saves them money. And it’s the public who pays the price when they’re exposed to electrocution injuries and death by power lines.
The “infant mortality” phase of the bathtub curve
The first portion of the bathtub curve is the “infant mortality” phase, which shows a high rate of early failures in electrical equipment. New equipment can fail because of manufacturing defects, design flaws, or improper installation. But “the failure rate decreases as defective products are identified and discarded, and early sources of potential failure such as manufacturing defects or damage during transit are detected.
When it comes to the risk of electrocution or electric shock, this phase is particularly dangerous because people who are using or working around the equipment may not be aware of these issues and tend to blindly trust that the equipment is safe and reliable.
The “normal life” phase of the bathtub curve
Electrical equipment that survives the infant mortality phase enters the “normal life” phase, where “the failure rate is low and constant” and failures tend to be “random and due to human errors, overuse or overload” and accidents, according to Infraspeak.
However, this period still has its risks. Regular wear and tear, poor maintenance, and environmental factors can contribute to gradual degradation and a sudden failure.
If equipment fails in the normal phase, an experienced electrocution lawyer will focus on inspection schedules, maintenance records, and the equipment’s use history to prove negligence.
The “wear out” phase of the bathtub curve
The last phase of the bathtub curve is the “wear out” phase, in which electrical equipment degrades “at an accelerated pace so the failure rate increases,” according to ScienceDirect. In other words, the failure rate of electrical equipment begins to increase as the equipment nears the end of its useful life.
Electrical equipment failures are usually caused by aging infrastructure and the long-term degradation of components such as wiring, switches, circuit breakers, and transformers. These failures can lead to electrical accidents, including electrocution.
An experienced electrocution lawyer understands that most accidents occurring in the wear out phase are caused by neglect and will show that, had the electrical utility company understood the failure rate, it would have ramped up its inspection and maintenance of the equipment to ensure safety and reliability.
What happens when an electrical utility company fails to understand the bathtub curve?
When an electrical utility company fails to understand the bathtub curve, it runs the risk of causing – and being held legally liable – for any injuries or deaths resulting from failing electrical equipment.
Power companies have a legal responsibility to protect the public from electrical accidents caused by failing equipment. To carry out this duty, utilities must regularly inspect, maintain, and repair their equipment and infrastructure.
In Schultz v. Consumers Power Company, the Michigan Supreme Court ruled that the an electrical utility company “that maintains and employs energized power lines . . . has an obligation to reasonably inspect and repair wires and other instrumentalities in order to discover and remedy hazards and defects . . . [and] to protect the public from danger. . . . Electric companies must exercise ordinary care to guarantee that equipment is kept in a reasonably safe condition.”
In Levi v. Southwest Louisiana Electric Membership Cooperative, the Louisiana Supreme Court ruled that “a power company has an obligation to make reasonable inspections of wires and other instrumentalities in order to discover and remedy hazards and defects.”
In Stacks v. Arkansas Power and Light, the Supreme Court of Arkansas recognized that under long-standing Arkansas precedent “‘the very nature of the business of an electric company requires it to use a high degree of care in the erection, maintenance, operation, and inspection of its equipment which is used in the transmission of its electric power, so as to prevent injury to one likely to come in contact with the power line.’”
Rule 214 of the National Electric Safety Code requires utility companies to inspect their power lines and equipment “at such intervals as experience has shown to be necessary.” The rule also states that power lines with “recorded defects that could reasonably be expected to endanger life or property shall be promptly repaired, disconnected or isolated.”
The bathtub curve is a powerful tool in a power company’s toolbox as it allows the company to anticipate and predict equipment failures, optimize inspections and maintenance, and ensure safety and reliability.
When a power company doesn’t understand the curve and use it to its advantage, it may miss a dangerous failure, which can lead to a serious electrical accident.
Can I sue if I’m hurt in an accident caused by electrical equipment failure?
If the power company failed to understand and use the bathtub curve to anticipate and avoid a failure in its equipment or systems, resulting in an electricity accident, you can sue for our injuries if you can prove the following elements:
- Duty – You must show that the utility company had a duty to keep you safe from an electrical hazard by inspecting, maintaining, and replacing faulty equipment
- Breach – You must then establish that it breached this duty by failing to anticipate and repair or replace faulty equipment
- Causation – Next, you must prove that this failure was the factual and legal cause of your electrocution or electric shock injury
- Damages – Finally, you must show that, because of your injuries, you incurred actual damages, such as pain and suffering, medical bills, and lost wages
How can a lawyer help me?
An experienced electricity accident lawyer who focuses his or her practice exclusively on electrocution litigation and has a history of winning million-dollar verdicts and settlements, as well as a reputation for standing up to the big power companies, will help you fight to win the maximum financial award possible for your injuries.
Electricity law is complex and highly-specialized, and the defendants in these cases not only tend to fight aggressively to avoid liability, but they also have the resources to drag a case out indefinitely, pushing inexperienced attorneys to the brink and often forcing them to accept a low-ball settlement just to get it over with and get paid.
You deserve better.
A skilled electrocution and electric shock lawyer will:
- Fight to get you a maximum settlement in the minimum amount of time
- Assess liability and fight to hold the responsible party or parties accountable
- Verify all insurance policies and coverages, and uncover any financial assets that are available to fund our settlement
- Pinpoint any and all violations of the National Electrical Safety Code (NESC) or the National Electrical Code (NEC)
- Work with the country’s top experts to prove negligence and damages, including specialists in NESC/NEC, engineering, power infrastructure, economics, medicine, and rehabilitation
- Go to trial if you don’t get a settlement offer that reflects the full and fair value of your case
