What are electrocution cases?
Electrocution cases are legal claims filed by people who suffered an electrocution or electric shock injury that was caused by the negligence of an electrical utility company or other responsible person. Damages sought include medical bills and lost wages as well as compensation for pain and suffering.
How many electrocution deaths happen per year in the United States?
- Every year in the U.S., there are 1,000 deaths caused by electrocution and 30,000 non-fatal electric shock incidents. (National Library of Medicine)
- There are an average of 68,620 electrical home fires that occur each year, taking almost 522 lives and injuring another 2,218. (NFPA)
- There are approximately 150 fatal workplace electrical injuries every year. (EFSI)
- There are approximately 1,630 non-fatal workplace electrical injuries every year. (EFSI)
- In 2023, the most recent year for which data is available, there were 142 fatal occupational injuries due to exposure to electricity. (BLS)
- It is estimated that on average there are 48 electrocution fatalities associated with the use of consumer products every year (the most common consumer products involved with electrocutions are large appliances, small appliances and ladders). (USCPSC)
- There were 33 electrocution-related deaths and 33 electrocution-related injuries in swimming pool and hot tubs during a four-year period. (USCPSC)
- 8% of construction worker deaths are caused by electrocution. (Texas Department of Insurance)
- According to the Center for Construction Research and Training (CPWR), between 1992 to 2015 almost 3,000 construction workers died from electrocution (accounting for almost half of all work-related constructions deaths during that time frame)
Where do most electrical accidents happen?
Electrical accidents can happen anywhere, but most occur at construction sites, in industrial settings, and during utility work because of the frequent exposure to electrical systems. Electrical accidents also happen in residential and commercial settings, as well as agricultural sites and oil and gas platforms. The most common spots for an electrical accident are:
- Construction sites – Electrical accidents are common because of frequent exposure to live wires, power tools, and high-voltage equipment
- Industrial settings – Industrial and manufacturing workers face electrical risks from complex machinery and faulty electrical systems
- Utilities and power lines – Workers who handle power lines and electrical systems face significant risk of electrocution or electric shock
- Residential settings – Downed power lines, sagging power lines, faulty wiring, improper use of electrical appliances, and do-it-yourself electrical work can lead to electrical accidents
- Commercial/retail settings – Electrical accidents occur in these settings due to faulty outlets, improper equipment use, or neglect of safety maintenance
- Agricultural sites – Farm workers are at risk from electrical equipment, irrigation systems, and maintenance
- Offshore/oil & gas platforms – High-voltage equipment and hazardous materials increase electrical risks on rigs and platforms
Children and electrocution accidents
Children are at greater risk of an electrical accident, primarily because of their curiosity and inability to recognize danger (such as an electrical outlet or downed power line). Approximately 20% of all electrical injuries occur in children, with most involving toddlers and adolescents. Proper supervision and childproofing are key to preventing these accidents.
What are the elements of a electrocution cases?
To win electrocution cases, the elements you must show are:
- The power company or property owner owed you a “duty of care”
- The power company or property owner breached that duty
- The power company’s or property owner’s conduct caused your injuries
- You suffered actual damages (Schultz v. Consumers Power)
Examples of electrocution cases
In Michigan, two electrocution cases stand out. They are:
- Schultz v. Consumers Power Co., in which the Michigan Supreme Court stated that the elements of an electrical accident claim are: (1) the defendant owed a legal duty to the plaintiff; (2) the defendant breached or violated that that duty; (3) the plaintiff was injured and suffered damages; (4) and the defendant’s breach “caused” the plaintiff’s “damages.” Specifically, in Schultz, the justices addressed the issue of the duty of care that was owed by Consumers Power, concluding that “Consumers Power has a duty to reasonably protect members of the general public from any foreseeable danger from its power lines.”
- El-Jamaly v. Kirco Manix Construction, LLC, in which the Michigan Supreme Court addressed the extent to which “foreseeability” of an electrocution injury affects whether a duty of care exists. Specifically, the justices sent the case back to the trial court because a genuine issue of fact existed concerning “the height of the power lines” in question. The Court explained that “if the power lines were improperly maintained, then the height of the lines coupled with the pre-injury communications and other evidence in the record demonstrates that plaintiff’s injury was foreseeable.”
Can I sue if I’m injured in an electrical accident?
For electrocution cases, you can sue for injuries you sustained in an electrical accident if you can prove the power company’s negligence caused your injury. If you were injured at work, however, you are likely limited to workers’ compensation, unless (1) your injury was caused by a third-party, (2) you were an independent contractor, not an employee, (3) your employer did not have Workers’ Comp insurance, or (4) your employer intentionally caused your injury.
What types of compensation are available in electrocution cases?
The types of compensation that are available in electrocution cases are:
- Noneconomic damages – This includes your physical pain and suffering, mental anguish, fright and shock, embarrassment, humiliation and mortification, and loss of social pleasures and enjoyments. (M Civ JI 50.02)
- Economic damages– This includes all of your medical expenses and any income you’ve lost from missing work
- Wrongful death – If you lost a loved one in the accident, you and other surviving family members may have a wrongful death action, allowing you to seek damages for the loss of your loved one’s companionship and financial support, along with funeral and burial expenses.
How to win electrocution cases
To win electrocution cases, you must establish the following:
- The electrical utility company or responsible party owed you a duty of care
- The electrical utility company or responsible party breached this duty of care
- This breach of duty caused your injuries
- As a result of your injury, you have incurred damages, including medical bills, lost wages, and pain and suffering.
Do I need a lawyer?
When you or a loved one has been injured in an electrocution or electric shock accident, you need a lawyer who specializes exclusively in this area of the law and who has a track record of winning million-dollar settlements and verdicts for his or her clients.
Electrical accident litigation is incredibly complex and demands specialized knowledge. Large power companies aggressively defend electrocution cases, especially when they sense they’re up against an inexperienced lawyer. In these situations, power companies tend to use intimidation tactics to push for a low-ball offer.
An electrocution lawyer with specialized experience will be able to fight to get you full and fair compensation for injuries and hold the electrical power company and other negligent parties accountable for injuries, damages and harms they have caused you.
