When are utility companies responsible for damages for injuries or death caused by an object coming into contact with a power line?
Utility companies may be responsible for injuries/damages or death caused by an object coming into contact with a power line if the injuries or death were foreseeable and if it can be proved that the utility companies were negligent.
To establish that an utility company was negligent and responsible for injuries and damages, the Michigan Supreme Court in Schultz v. Consumers Power Co. ruled that the four following elements must be proved:
- The utility company “owed a legal duty” to the victim
- The utility company “breached or violated the legal duty”
- The victim “suffered damages” such as pain and suffering, medical expenses, and lost wages and earnings
- The utility company’s “breach” of its legal duty caused “the damages suffered” by the victim
However, in order to prove that the utility company is responsible for injuries and damages and owed a legal duty to the victim, Michigan law requires that the victim’s injuries or death were foreseeable to the utility company.
In Schultz v. Consumers Power Co., the Michigan Supreme Court ruled that:
- “The test to determine whether a duty was owed is not whether the company should have anticipated the particular act from which the injury resulted, but whether it should have foreseen the probability that injury might result from any reasonable activity done on the premises for business, work, or pleasure.”
- An electrocution victim “need not establish that the mechanism of injury was foreseeable or anticipated in specific detail. It is only necessary that the evidence establishes that some injury to the plaintiff was foreseeable or to be anticipated.” (See Schultz, footnote 7)
When is it foreseeable that injuries or death may result from an object coming into contact with a power line?
The factors that courts will look to in determining whether a utility company is responsible injuries/damages or death that are considered “foreseeable” include:
- Whether the power lines were maintained at the proper height from the ground
- Whether the height of the power lines complied with the minimum clearance standard set by the National Electrical Safety Code (NESC)
- Whether the power lines were maintained at the proper distance from buildings, structures and vegetation
- Communications from the utility company demonstrating its awareness of the dangers posed by the power lines under circumstances that existed in the case
- Statements, fact sheets, or warnings by the utility company as to the dangers posed by the power lines under circumstances that existed in the case
- Whether the area surrounding the power lines was used for business, work, or pleasure
- The nature of the activities conducted near or in the area of the power lines
- Whether the power lines were poorly, inadequately or not properly maintained
- Whether the power lines were in disrepair, frayed, dilapidated or otherwise defective
Examples of objects coming into contact with power lines
Examples of cases where the utility company was held responsible for injuries, death and damages when an object came into contact with their power lines:
- Electricity arced from a power line to an aluminum extension ladder. (Schultz v. Consumers Power Co.)
- A long-handled aluminum tool used for smoothing concrete (called a “bull float”) contacted or came near a high-voltage overhead power line. (El-Jamaly v. Kirko Manix Construction, LLC)
- A dump truck severed an overhead power line. (Valcaniant v. Detroit Edison)
- Scaffolding on a forklift came into contact with overhead power lines. (Groncki v. Detroit Edison)
- A fully-extended metal ladder came into contact with an uninsulated overhead power line. (Groncki v. Detroit Edison)
- The boom of a truck touched overhead power lines. (Groncki v. Detroit Edison)
- The spray or mist from a power-washing wand caused electricity to arc from a nearby energized power line. (McVie v. Consumers Energy Company)
What happens if an object comes into contact with a power line causing injury or death?
When a utility company’s negligence is responsible for an injury or death, it can face lawsuits seeking damages for those injuries and death along with other serious consequences, including:
- Wrongful death lawsuit – If your loved one was killed because of a utility company’s negligence, you and other surviving family members may file a wrongful death lawsuit to hold the company responsible for the loss of your loved one’s support and for damages such as financial contributions as well as funeral and burial expenses.
- Personal injury lawsuit – If you suffered serious injury as a result of a utility company’s negligence, you can file a personal injury lawsuit against the company to hold them responsible for your pain and suffering damages, medical expenses, and lost wages.
- Penalties – The utility company could face civil or criminal liability for injuries resulting from its negligence, gross negligence, or recklessness, as well as fines or sanctions from regulatory agencies such as OSHA or local utility commissions.
Can I sue a utility company for damages for injuries I sustained when an object came into contact with a power line they are responsible for?
If a utility company failed to inspect, maintain, or repair a faulty power line they were responsible for and you were injured when an object came into contact with that line, you can file a lawsuit seeking compensation for damages incurred like your medical expenses, lost wages, and pain and suffering.
To win this type of lawsuit, you must show that the power company (1) had a duty to inspect, maintain, and repair the power line; (2) it breached this duty; (3) this breach caused your injury; and (4) you incurred actual damages.
Importantly, to get the damages you deserve in your settlement, you will need to show that your injuries, which resulted from the object coming into contact with the utility company’s power line they are responsible for, was foreseeable.
How many people are injured by electrocution or electric shock?
- 1,000+ people are killed in electrocution accidents across the country every year (National Library of Medicine)
- 30,000+ people are injured in electrocution accidents in the U.S. each year (NLM)
- An average of 68,620 electrical home fires occur every year in the U.S., resulting, on average, 522 deaths and 2,218 injuries (NFPA)
- There are an average of 150 fatal workplace electrical accidents in the U.S. each year (EFSI), and another 1,630 serious injuries
- In 2023 (the most recent year with available data) there were 142 deadly occupational injuries caused by electricity exposure (BLS)
- Each year, there are almost 50 electrocution fatalities caused by consumer products (primarily ladders and large and small appliances) (USCPSC)
- There were 33 electrocution-related deaths and 33 electricity injuries in swimming pools and hot tubs over a 4-year span according to the USCPSC
When should I hire a lawyer to sue for damages for injuries I sustained after an object came into contact with a power line they are responsible for?
Hiring an experienced electrocution lawyer as soon as possible to sue a utility company for damages for injuries you or a loved one has sustained after an object came into contact with a power line they are responsible for can make all the difference in the size and speed of your settlement. Litigating electrocution and electric shock cases is extremely challenging, and it requires specialized expertise. Large utility companies defend electrocution cases aggressively, particularly when the lawyer handling the case lacks experience or specialization in this area. For this reason alone, it’s crucial to hire a lawyer right away, and be sure he or she specializes in this area of law and has a proven track record handling these cases. Here’s how hiring a skilled lawyer right away will help you:
- Bigger and faster settlements
- Early determination of liability
- Early assessment of damages
- Comprehensive analysis of available insurance policies and financial resources to fund your settlement
- Collaboration with top experts who can support and strengthen your case
How to choose the best lawyer for my case against a utility company who is responsible for damages?
Many personal injury lawyers claim they handle electrocution and electric shock accident cases, but most have never handled one. In a complex area of law such as this, you need a lawyer who checks the following boxes:
- Experience – Your lawyer should have significant experience handling electrocution and electric shock cases
- Specialization – He or she should also specialize exclusively in electricity accident litigation
- Track record – Your lawyer should have demonstrated success winning multiple million-dollar settlements and verdicts.
- Reputation – He or she must have a reputation for not settling for less than your case is worth, and for not being afraid to go to trial if a full and fair settlement offer is not received
