What is considered a power line hazard?
A “power line hazard” refers to any dangerous situation involving power lines that poses a risk of injury or death. The most common line hazards are:
- Downed power line – A power line that has come loose from a pole due to a storm, accident, or wear and tear creates an immediate and serious hazard
- Low-hanging power line – A power line that is hanging too low or drooping can endanger people who might come in contact with it
- Damaged power line – A power line that is broken or frayed creates a risk of electric shock or fire
- Vegetation – Trees and other vegetation growing too close to a power line can cause the line to spark, short-circuit, or even break, causing a fire, outage, or risk of electrocution
- Guy wires – If a “guy wire” (a wire used to stabilize a power line) is poorly marked or unprotected it can pose a risk of accidental contact, particularly to pedestrians and bicyclists
Who is responsible for power line hazards?
The following parties are the most likely to be responsible for a power line hazard:
- Power company – Power companies (a/k/a electric utility companies) are responsible for inspecting, repairing, and maintaining power lines and can be held liable if their negligence in doing so causes an injury or death
- Property owner – Property owners may be liable if they fail to maintain a safe environment for others and an injury or death result
- Third party – Third-parties such as workers, general contractors, subcontractors, electricians and tree trimmers can be held liable if their negligence creates a line hazard that results in an electrocution or electric shock accident injury or death
What types of injuries can be caused by power line hazards?
The most common types of injuries caused by a power line hazard include:
- Electrocutions – An electrocution occurs when a person comes into direct contact with a live power line, leading to severe electrical shock that can injure or kill the individual
- Burns – Electrical burns happen when electricity flows through the body, burning and damage tissue at the contact point
- Falls – Falls are common when a person tries to avoid a power line hazard – such as falling from a ladder after a shock – and they can lead to death or serious injuries such as traumatic brain injuries (TBIs) and broken bones
- Cardiac arrest – An electrical shock often disrupts the heart’s normal rhythm causing cardiac arrest or severe arrhythmia, which can be fatal
- Trauma from falling objects – Sometimes power lines cause other objects, such as debris or even a pole, to fall, causing cuts, bruises, blunt force trauma and other injuries
What happens if a power line hazard goes undetected by a utility company and it causes injury or death?
A utility company can be held responsible if a power line hazard goes undetected and it causes injury or death. Power companies can be charged with breaching their duty to protect the public even if they do not have actual notice of hazards, defects or dangerous conditions.
For example, as in Michigan according to Schultz v. Consumers Power Company, if a utility company “has an obligation to reasonably inspect and repair” power lines . . . in order to discover and remedy hazards and defects . . . [and] to protect the public from danger,” but if the company has not detected a power line hazard due to the company’s failure to “reasonably inspect and repair,” then the company may likely be held accountable for any resulting injuries or deaths.
Similarly, in the California case of Schleif v. Grigsby, the court ruled that when the defect or danger could have been discovered by the use of ordinary care, such as making a reasonable inspection, knowledge of the defect can be inferred.
Do I need a lawyer for my injury or death case?
Electricity litigation is a highly specialized and very complex area of law. Defendants in these cases are often big, well-heeled utility companies who will avoid admitting their negligence at all costs, and they have the resources to litigate indefinitely.
These companies know when they’re facing an inexperienced lawyer, and they will bully this type of lawyer into low-ball settlements by burying them in paperwork and scaring them into avoiding a trial.
You and your family can’t afford to settle for less than your case is worth, which is why you need an experienced lawyer who specializes exclusively in electricity accidents. He or she will have the skills and know-how to accomplish the following for you:
- Fight to get you a much larger settlement in less time
- Hold all negligent parties accountable
- Identify all insurance policies and financial assets available for your settlement
- Identify any and all violations of the National Electrical Safety Code (NESC) and/or the National Electrical Code (NEC)
- Hire the best experts, including those with specialized knowledge in: (1) NESC/NEC; (2) Engineering (electrical, mechanical, and reliability); (3) Power infrastructure; (4) Economics; (5) Medicine and rehabilitation (to address injuries, surgeries, and present and future medical needs)
- Go to trial if you don’t get a full and fair settlement offer
Can I sue the utility company for injuries or death?
You may be able to sue the utility company for injuries or death resulting from a power line hazard if you can prove it was the utility company’s negligence that created the hazard. In cases like these, you may be able to recover compensation for your pain and suffering as well as money damages for your medical expenses and lost wages.
To successfully sue the utility company for injuries or death, you will need to prove the following four key elements: (1) The utility company owed you a duty of care; (2) it breached this duty of care; (3) this breach of duty caused your injuries; and (4) as a result of your injuries, you have incurred damages, including medical bills, lost wages, and pain and suffering.
If you lost a loved one in the accident, a skilled electrocution lawyer can help you assess liability and file a wrongful death claim against the utility company. This type of claim allows you and other surviving family members to file a lawsuit for benefits to cover lost financial support in the form of lost wages, medical expenses and funeral and burial costs. (MCL 418.301(1); 418.321; 418.345).
How to choose the best lawyer for my case?
Choosing the best lawyer for your case comes down to four very important questions:
- How much experience does the lawyer have? – You need a lawyer who has handled dozens or even hundreds of electrocution and electric shock cases in order to be sure that he or she has the specialized experience necessary to be successful in this highly complex area of law
- Does the lawyer specialize exclusively in electricity accident litigation? – You want an attorney who handles only electrocution and electric shock cases, and nothing else. Too many personal injury lawyers “dabble” in these cases and never gain the deep knowledge needed to win large settlements and verdicts.
- How many million-dollar settlements and verdicts does the lawyer have? – You want an attorney who has a track record of winning million-dollar settlements and trial verdicts for his or her clients.
- What is the lawyer’s reputation in the industry? – You want to hire a lawyer who is known – especially among insurance companies and defense lawyers – for always being ready and willing to take a case to trial when the utility company or other responsible party refuses to settle for full and fair compensation
