What is electrocution law?
Electrocution law, an area of tort law rooted in negligence, affords individuals who suffer serious electrical injuries the right to seek pain and suffering compensation and money damages when those injuries are caused by another party’s negligent inspection, repair and maintenance of electrical equipment.
What is negligence in electrocution law?
Negligence in electrocution law is defined by the Restatement (Second) of Torts § 282 as “conduct which falls below the standard established by law for the protection of others against unreasonable risk of harm.” The Michigan Supreme Court said “negligence is conduct involving an unreasonable risk of harm.”
The “requisite elements of a negligence cause of action” for electrocution or electric shock according to Schultz v. Consumers Power Company are:
- The “defendant owed a legal duty to the plaintiff”
- The “defendant breached or violated the legal duty”
- The “plaintiff suffered damages”
- The “breach was a proximate cause of the damages suffered”
What is the duty of care in electrocution law?
The duty of care in electrocution law requires the electrical power company or other responsible parties to “use ordinary care for the safety” of others which means using “the care a reasonably careful person would use . . . under the circumstances” that existed when the accident occurred. (M Civ JI 10.05; M Civ JI 10.02)
In Schultz v. Consumers Power Company, the Michigan Supreme Court ruled that the an electrical utility company has the following duty of care:
- A “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,” which means they “must reasonably inspect and repair their electrical lines.”
Types of claims
There are several types of claims that can arise out of an accident involving electricity, including:
- Personal Injury – According to electrocution law, if you were injured as a result of the negligence of an electrical company or other responsible party, then you may be able to bring a claim for pain and suffering compensation as well as medical expenses and lost wages.
- Wrongful Death – According to wrongful death law, if you lost a loved one in an electrocution accident, you and other surviving family members may file a wrongful death claim for the loss of your loved one’s companionship and financial support, as well as funeral and burial expenses.
- Workers’ Compensation – According to workers’ comp law, if you were injured in an electrocution accident on the job, you are generally limited to recovering your medical expenses and lost wages through a workers’ comp claim. You cannot file a separate electric shock lawsuit for pain and suffering compensation unless: (1) your injury was caused by a third party, (2) your injury involved intentional conduct by your employer, (3) you were an independent contractor, not an employee, or (4) your employer did not have the Workers’ Comp insurance that your employer is required by law to maintain.
- Premises Liability – According to premises liability law, if you were injured in an electrocution accident on someone else’s property as result of a dangerous, electricity-related condition, then you may be able to bring a premises liability lawsuit against the property owner for compensation for your pain and suffering and for money damage to cover your medical costs and lost wages.
According to electrocution law, who can be held responsible for injuries or death?
According to the electrocution law, there are several parties who can be held responsible for electrical injuries or death, including:
- Electrical utility and power companies
- Employers
- Property owners
- Electricians
- Contractors and general contractors
What is the legal process?
There are several steps to the legal process in an electricity accident case, including:
- Investigation – An experienced lawyer will conduct a thorough investigation of the accident and may engage the services of an expert to help determine liability.
- Lawsuit – Once your lawyer has determined liability and assessed your damages, he or she will file a lawsuit against the at-fault party or parties seeking pain and suffering compensation as well as the recovery of medical expenses and lost wages.
- Expert witnesses – It is essential that your lawyer find the expert witnesses whose training, experience and expertise will allow them to help you prove your case by showing that the electrical utility company breached its duty of care as well as by explaining the nature and extent of your injuries that resulted from the electric shock accident.
- Settlement or trial – After your lawsuit is filed, your lawyer will negotiate a full and fair settlement with the defendant’s insurance company, and if an offer that reflects the full value of your case is not made, he or she will proceed to trial, which may include expert testimony to prove your damages.
What is the statute of limitations for filing a lawsuit?
The electrocution law’s statute of limitations for bringing a lawsuit – MCL 600.5805 – states that you have three years from the date of the injury or death to file an action to recover compensation and damages. Failure to meet this deadline means you will forever lose your right to seek compensation and damages from the responsible party or parties.
If I’m injured on the job, is a workers’ compensation claim my only option?
If you are hurt at work, workers’ comp is typically your only option for recovering damages. You can recover medical bills at 100%, with no copays or deductibles, and if you can’t work you can recover weekly checks equal to 80% of your after-tax average weekly pay.
However, if you can prove that a third party (someone other than your employer or a co-worker) caused your injury, you may be able to file a third-party lawsuit for pain and suffering compensation in addition to your Workers’ Comp claim. In addition, if your employer intentionally caused harm, you may be able to sue your employer for compensation for your pain and suffering. Further, workplace safety violations (such as OSHA violations) could result in penalties for your employer.
Why do I need a lawyer?
Electrocution law litigation is highly complex and requires specialized expertise. Large power companies defend these cases aggressively, particularly when they know they’re up against an inexperienced lawyer who lacks skill and expertise in this area. They recognize when a lawyer is new to handling electrocution cases and may not have the “know how” and tenacity to secure substantial settlements or verdicts. In these situations, the power companies often use bullying tactics to push for a low-ball settlement. For this reason, it’s crucial not to go through this process alone or hire an inexperienced lawyer. A skilled attorney with a proven track record in electricity-related accidents will know how to challenge the power company, its insurance company, and its defense lawyers, ensuring you receive the full and fair compensation you deserve.
