Electrical Injury on Someone Else’s Property? Understanding Premises Liability

Electrical injuries are a serious matter, often resulting in devastating and life-altering consequences. When these incidents occur on someone else’s property, a complex area of law known as premises liability comes into play. If you’ve sustained an electrical injury on another person’s property, understanding your rights and the property owner’s responsibilities is crucial.

The Shocking Truth About Electrical Injuries

Electricity is a powerful force, and contact with it can lead to a range of injuries, from minor burns to fatal electrocution. According to the Electrical Safety Foundation International, contact with electricity is one of the leading causes of fatalities in the workplace. In fact, nearly 1,000 people die each year from some form of electric shock.

Even non-fatal electrical injuries can have long-lasting effects. The Bureau of Labor Statistics reported that there were 3,260 non-fatal electrical injuries involving days away from work in 2021 and 2022.

Common types of electrical injuries include:

Severe burns: These can occur at both the entry and exit points of the electrical current.
Internal damage: Electricity can harm muscles, nerves, and vital organs.
Cardiac arrest: Electrical shock can cause irregular heartbeats or complete heart stoppage.
Neurological issues: Memory difficulties, persistent headaches, personality changes, vision impairment, and seizures can result from electrical injuries.
Long-term complications: Some victims develop chronic conditions like psychiatric disorders or progressive neuropathic pain.

Premises Liability: When Property Owners Are Responsible

Premises liability law holds property owners responsible for injuries that occur on their property due to hazardous conditions. This means that if you’ve been injured by electricity on someone else’s property, you may have a right to compensation.

To establish liability in a premises liability case involving electrical injuries, you typically need to prove the following:

Duty of care: The property owner owed you a duty of care to maintain a safe environment.
Breach of duty: The property owner breached this duty by failing to address a known or foreseeable electrical hazard.
Causation: The property owner’s negligence directly caused your electrical injury.
Damages: You suffered damages as a result of your injury, such as medical expenses, lost wages, and pain and suffering.

Common Electrical Hazards on Properties

Electrical injuries on someone else’s property can arise from various hazards, including:

Exposed electrical wiring: Contact with exposed wires can lead to serious injuries and electrocution.
Improperly covered electrical sockets: When electrical sockets are not adequately protected, the risk of electrocution increases, especially for children.
Lack of proper insulation: Insulation plays a vital role in preventing electric shock, and its absence can lead to accidents.
Damaged or frayed electrical cords: These can expose live wires and cause shocks or fires.
Faulty electrical appliances: Defective appliances can malfunction and cause electrical injuries.
Water intrusion: Water near electrical wiring can create a dangerous electrocution hazard.
Downed power lines: Contact with downed power lines is extremely dangerous and can be fatal.
Building code violations: Non-compliance with building codes may lead to unsafe electrical systems or faulty installations.
Failure to conduct routine maintenance: Neglecting routine maintenance can lead to electrical system malfunctions and pose dangers to individuals.

Who Is Responsible?

Determining who is at fault for your injuries depends on the specifics of your case. In many cases, the property owner is responsible for safeguarding workers, guests, customers, and other people legally on their property from electrical hazards. If they knew about the unsafe wiring or electrical issues, they should have provided warnings or taken precautions.

Other potentially liable parties include:

Landlords: Landlords have a legal responsibility to ensure that their rental properties are electrically safe for tenants. This includes maintaining electrical wiring and appliances, conducting regular inspections, and addressing any electrical hazards promptly.
Property managers: Property management companies may also be held liable if they failed to properly maintain the electrical systems on a property.
Contractors: If a contractor performed substandard electrical work that led to your injury, they may be liable.
Manufacturers: If your injury was caused by a defective electrical product, the manufacturer may be held responsible through a product liability claim.

Landlord’s Electrical Safety Responsibilities

Landlords have specific legal responsibilities when it comes to electrical safety. These responsibilities often include:

Ensuring that all electrical installations (wiring, plug sockets, and light fittings) and appliances are safe before new tenants move in.
Maintaining all electrical installations and appliances in a safe condition throughout the tenancy.
Regularly inspecting electrical outlets, switches, plugs, and cords for damage or wear and tear.
Providing tenants with guidelines on electrical safety and procedures during emergencies.
Addressing any electrical issues without delay to prevent further complications and dangers.

To ensure electrical safety, landlords should:

Have the electrical installation checked by a qualified electrician every five years and obtain an Electrical Installation Condition Report (EICR).
Ensure that all electrical appliances supplied to tenants are checked for safety before each new tenancy, potentially through Portable Appliance Testing (PAT).
Install smoke and carbon monoxide detectors.
Provide Residual Current Devices (RCDs) to prevent electric shocks.

What to Do After an Electrical Injury on Someone Else’s Property

If you’ve suffered an electrical injury on someone else’s property, it’s essential to take the following steps:

Seek medical attention: Electrical injuries can have hidden internal damage, so it’s crucial to get a thorough medical evaluation.
Document the scene: Take photos and videos of the area where the injury occurred, including any visible electrical hazards.
Report the incident: Notify the property owner or manager of the injury and the hazardous condition that caused it.
Gather evidence: Collect any relevant documents, such as incident reports, maintenance records, and witness statements.
Consult an attorney: An experienced personal injury attorney can help you understand your rights and navigate the legal process.

Damages You May Be Able to Recover

If you have a valid premises liability claim, you may be entitled to compensation for various damages, including:

Medical expenses: This includes past and future medical bills, rehabilitation costs, and long-term care expenses.
Lost wages: You can recover lost income from being unable to work due to your injury.
Pain and suffering: This compensates you for the physical pain and emotional distress you’ve experienced.
Property damage: If any of your personal property was damaged in the incident, you can seek compensation for its repair or replacement.
Punitive damages: In cases of egregious negligence, you may be awarded punitive damages to punish the property owner and deter similar behavior in the future.

Proving Negligence

Proving negligence is essential in establishing liability in an electrical injury case. Negligence occurs when a party fails to uphold a duty of care, resulting in harm to others. In the context of exposed power line injuries, negligence could involve inadequate safety measures, failure to comply with regulations, or improper maintenance of electrical infrastructure.

Collecting evidence is critical in demonstrating negligence and liability. This evidence may include eyewitness testimonies, accident reports, safety records, maintenance logs, and expert analysis of the electrical system.

Don’t Get Shocked Twice: Contact an Attorney Today

Electrical injuries can have devastating consequences, and navigating the legal complexities of a premises liability claim can be challenging. If you or a loved one has suffered an electrical injury on someone else’s property, don’t hesitate to seek legal assistance. An experienced attorney can evaluate your case, protect your rights, and help you pursue the compensation you deserve.