What happens when utility companies don’t perform maintenance and repairs to power line structures?
When utility companies don’t perform maintenance and repair to power line structures, it can lead to serious consequences such as personal injuries and deaths caused by: (1) downed power lines, (2) sagging power lines that are too close to the ground, and/or (3) power lines that are overgrown with vegetation (which can conduct electricity to a person’s hand, a ladder, or a tree trimmer).
How many people are affected by electrocution?
- Every year in the U.S., electrocution kills 1,000 people and injures 30,000 in non-fatal electric shock incidents. (National Library of Medicine)
- Electrical home fires take nearly 522 lives and injure another 2,218 people every year. (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)
- On average, consumer products are involved in approximately 48 electrocution fatalities every year (the most common consumer products involved with electrocutions are large appliances, small appliances and ladders). (USCPSC)
- During a four-year period, 33 people were killed and 33 people were injured in electrocution-related accidents in swimming pools and hot tubs. (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)
- 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. (National Library of Medicine)
Are electric utility companies putting safety first?
When power companies live up to their legal duty to “protect the public from danger” by inspecting and performing maintenance and repairs on their power lines so as “to guarantee that equipment is kept in a reasonably safe condition,” those electric utility companies are putting safety first. (See Schultz v. Consumers Power)
Unfortunately, when people are injured or killed as a result of an electrocution or electric shock accident, it is frequently the case that an electrical utility did not put safety first.
Some utility companies, especially those with aging infrastructure, have been criticized for delaying power line infrastructure maintenance and repairs or upgrades, as well as cost-cutting on safety measures. While many power companies do prioritize safety, there are certainly instances where financial pressures and cost-cutting negatively impact safety. Public and regulatory oversight continues to play a key role in ensuring safety is not overlooked in favor of profits.
What happens as power infrastructure ages?
As power infrastructure ages, the risk of electrocution and electric shock increases dramatically. Over time, components such as transformers suffer from insulation breakdown and oil leakage, leading to faults, fires, and even explosions. Utility poles (particularly wooden ones) can weaken from weather exposure and/or rot, making them prone to collapse, leading to downed power lines and electrocutions. Wires corrode, fray, and lose insulation, increasing the chance that people and objects will be dangerously exposed to the electricity traveling through the wires.
When power line inspection, maintenance and repairs are neglected, hidden age-related hazards go unnoticed, increasing the risk of accidents.
What are the causes of downed wires?
The most common causes of downed power lines are:
- Weather – High winds, lightning, heavy snow or ice, and flooding can all cause a line to fall.
- Trees and vegetation – Fallen or overgrown trees as well as overgrown vegetation growing too close to power lines increases the risk of a downed line.
- Animals – Squirrels and birds are the most common animal culprits when it comes to downed power lines.
- Vehicle collisions – Motor vehicles hitting utility poles during an accident often cause power lines to disconnect and fall.
- Equipment failure – Aging infrastructure, faulty equipment and power line structures that lack maintenance and repairs pose a major risk for a downed power line.
Do electric companies replace their equipment in a timely manner?
Electric companies are expected to replace their equipment in a timely manner based on the “bathtub curve” cycle, which is characterized by a breaking-in period when the equipment is new, a useful, relatively-safe lifetime for the equipment, and a wearing-out period when the equipment’s usefulness and safety begins to disappear.
Safety-conscious, responsible utilities perform inspections, maintenance and repairs to power lines and replace equipment before it reaches the wear-out phase.
Other power companies do not.
The most common reasons for failing to replace equipment that is no longer safe and functioning properly include:
- Budget constraints – Some utilities prioritize power line structure maintenance, repair and replacement in higher-priority areas, leaving many other areas exposed.
- Poor risk management – Power companies sometimes make poor decisions when determining whether equipment is still reliable, but when a system fails suddenly there can be dangerous consequences.
- Disruption – Upgrading or replacing infrastructure can be disruptive to service, which is why some utilities try to avoid action.
- Technology – Some companies will delay upgrades and replacements for extensive periods in anticipation of pending technological advances.
What happens when power line inspections uncover safety hazards due to lack of maintenance and repair?
When power line inspections uncover safety hazards due to the lack of maintenance and repair that could “reasonably be expected to endanger life,” Rule 214 of the National Electric Safety Code has required that electric utility companies promptly repair the defects, de-energize the line by disconnecting the safety hazard from electrical current, or isolate the electrical danger by having personnel guard the area until the repair can be made.
The National Electric Safety Code requires electric utility companies to inspect and test their in-service lines and equipment “as their experience shows necessary to maintain the lines and equipment in conformance with code requirements.”
When an inspection uncovers a safety hazard to a power line structure due to the lack of maintenance and repairs on or if an inspection reveals the infrastructure is aging or damaged, they should fix the problem immediately. However, if the problem cannot be fixed immediately, the power company is required by the NESC to record it until it can be repaired. And if the problem could potentially endanger life or property, the line must be deenergized, or the area must be guarded until it can be fixed.
What happens if neglected power line maintenance and repair results in an injury or death?
If neglected power line maintenance and repair leads results in an injury or death, the power company may face serious legal and other consequences, including:
- Wrongful death lawsuit – If you lost a loved one in an electrocution accident, and the power company was negligent, the victim’s surviving family members may file a wrongful death lawsuit, seeking compensation for medical expenses, pain and suffering, funeral costs, and loss of the deceased’s financial support, society and companionship.
- Personal injury lawsuit – If the electrocution victim was seriously injured but not killed, and negligence can be proven, he or she may file a personal injury lawsuit against the at-fault party seeking pain and suffering damages as well as compensation for medical expenses and lost wages.
- Penalties – A utility company may face civil or even criminal liability for electrocution or electric shock injuries resulting from their negligence, gross negligence, or recklessness. In addition, regulatory agencies such as OSHA or local utility commissions can impose fines and/or sanctions
Can I sue if neglected power line maintenance and repair results in an injury or death?
If neglected power line maintenance and repair results in an injury or death, you may be able to sue for pain and suffering compensation, medical expenses, lost wages – and, in the case of a fatal injury, hospital and funeral expenses, and loss of the deceased’s financial support, society and companionship.
If you lost a loved one in the accident, you and other family members can file a wrongful death action.
If you suffered a serious injury, you can file a personal injury lawsuit against the utility company for negligence.
In both wrongful death and personal injury claims, you must show that the at-fault party (1) had a duty to maintain the power lines; (2) breached this duty; and (3) this breach caused injury or death.
What happens if a lineman is injured or killed while doing power line maintenance and repairs?
If a lineman is injured or killed during power line maintenance and repairs, there are several possible outcomes, such as:
- Workers’ compensation lawsuit – If the lineman is injured while doing power line maintenance and repairs, he or she can seek medical expenses and lost wages by filing a Workers’ Compensation claim against his or her employer.
- Personal injury lawsuit – Under certain limited circumstances, the injured party who was performing power line maintenance and repairs may be able to sue for pain and suffering compensation in a personal injury lawsuit: (1) the injury or death was caused by a third-party, (2) the employer did not have Workers’ Comp insurance, (3) the injured person was an independent contractor – not an employee, and (4) the responsible party’s action were intentional.
- Administrative action – An agency such as OSHA will generally conduct an investigation, and if violations are discovered, it will impose fines.
When should I hire a lawyer?
Electrocution and electric shock accident litigation is complex and highly specialized. In addition, big power companies defend cases around lack of maintenance and repairs on power lines or upgrades to aging or damaged infrastructure very aggressively, especially if your lawyer is inexperienced and doesn’t specialize in this area, because they know when they’re facing a lawyer who is new to the field and has never handled an electrocution accident case, let alone secured a million-dollar settlement or verdict. These companies take advantage of you and your lawyer by bullying the inexperienced lawyer into a low-ball settlement. As such, you should never go it alone or hire an inexperienced lawyer in a case like this. An experienced lawyer who specializes in electricity accidents and has a track record of success will stand up to the power company, its insurance company, and its defense lawyer, and get you a full and fair settlement.
A skilled lawyer will:
- Get you a bigger and faster settlement
- Determine liability, including finding any and all violations of the NESC and NEC
- Identify all available insurance policies and financial assets to fund your settlement
- Partner with the nation’s top experts to maximize the value of your case, including experts in: (1) NESC/NEC; (2) Engineering; (3) Power infrastructure; (4) Economics; (5) Medicine and rehabilitation
- Go to trial if the defendant refuses to make a full and fair offer in your case
- Maximize your pain and suffering and economic damages due to the lack of maintenance and repairs on power lines or upgrades to aging or damaged infrastructure
How to choose the best lawyer for my case?
There are many lawyers who claim they handle electrocution and electric shock accident cases, but very few who have actually tried one. You need a lawyer with all four of the following key attributes:
- Experience – You need a lawyer who has litigated multiple electrocution and electric shock cases
- Specialization – You need a lawyer who focuses his or her practice exclusively in this highly complex area of law
- Track record of success – You need a lawyer who has a track record of winning million-dollar verdicts and settlements for his or her clients.
- Reputation – You want a lawyer who is not afraid to go to trial when the defendant doesn’t make a full and fair settlement offer
