Premises Liability & Electrocution: When Property Owners Are Liable

Electrocution is a serious hazard, and while it might not be the first thing that comes to mind when considering safety, it poses a significant risk. Property owners have a responsibility to ensure their premises are safe, and that includes protecting people from electrical dangers. When they fail in this duty, and someone is injured or killed, they can be held liable. In the U.S. each year, approximately 400 people are electrocuted at home, resulting in about 200 deaths. This blog post explores the legal concept of premises liability in the context of electrocution, outlining when property owners are liable and what factors determine their responsibility.

Understanding Premises Liability

Premises liability is a legal principle that holds property owners responsible for injuries that occur on their property due to unsafe conditions. This responsibility extends to anyone who is legally on the property, including invitees (customers, clients, or contractors), licensees (social guests), and, in some cases, even trespassers. The extent of the duty of care a property owner owes depends on the visitor’s status.

Property owners must maintain a safe environment and prevent foreseeable harm. This includes regularly inspecting the property, addressing known hazards, and warning visitors about potential dangers. When it comes to electrical safety, this means ensuring that all electrical systems and equipment are properly installed, maintained, and in good working order.

Common Electrical Hazards Leading to Electrocution

Several electrical hazards can lead to electrocution on a property. These include:

Exposed Wiring: Contact with exposed wires can lead to serious injuries and electrocution.
Faulty Electrical Systems: Overloaded circuits, damaged or frayed wires, and poorly installed electrical systems can increase the risk of electrocution and fires.
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 Faulty Electrical Equipment: Defective or damaged equipment increases the risk of electric shock.
Water Intrusion: Water intrusion in areas with electrical wiring, such as basements or around outdoor lighting, presents a serious hazard.
Downed Power Lines: Accidental contact with a downed power line.
Missing Safety Gears for Workers: Failure to provide appropriate safety equipment for workers increases their vulnerability to electrocution accidents.
Improper Repairs: Incorrect repairs or modifications to electrical systems can create hazardous conditions that contribute to electrocution accidents.

When Are Property Owners Liable?

Property owners can be held liable for electrocution injuries or deaths that occur on their property if their negligence caused the dangerous condition. To establish liability, the following elements typically need to be proven:

Duty of Care: The property owner owed a duty of care to the injured person. This means they had a legal obligation to maintain a safe environment on their property.
Breach of Duty: The property owner breached their duty of care by failing to address a known electrical hazard or by not taking reasonable steps to prevent foreseeable electrical dangers.
Causation: The property owner’s breach of duty directly caused the electrocution injury or death.
Damages: The injured person suffered damages as a result of the electrocution, such as medical expenses, lost wages, pain and suffering, or, in the case of death, funeral costs and loss of support.

Even if a person is partially at fault for their electrocution injuries, they may still be able to recover compensation. However, their compensation will be reduced in proportion to their share of the fault.

Who Can Be Held Liable?

Depending on the circumstances, various parties may be held liable in an electrocution injury claim:

Property Owners: Responsible for inspecting and maintaining safe premises.
Property Managers or Tenants: Those in control of day-to-day operations may share liability.
Landlords: Landlords have a legal obligation to ensure that electrical wiring, outlets, lighting, and appliances provided with the unit are safe and up to code.
Electrical Contractors or Subcontractors: If poor installation or maintenance caused the injury.
Equipment Manufacturers: If a defect in an appliance or wiring product caused the shock.
Utility Companies: Utility companies may be liable for electrocution wrongful deaths and injuries.
Municipal Agencies: If the incident occurred on city-managed property like parks, subway stations, or public schools.
General contractors or subcontractors: If the electrocution occurs as the result of negligence on the part of a construction company, general contractor or subcontractor on the project.

Proving Negligence in an Electrocution Case

Proving a property owner was negligent in an electrocution case requires gathering evidence to demonstrate that they knew or should have known about the electrical hazard and failed to take appropriate action. Evidence often includes:

Inspection and maintenance records
Surveillance footage
Witness testimony
Expert evaluations of electrical systems
Violations of building codes or safety standards

An experienced attorney can help gather and present this evidence to build a strong case.

Types of Claims

Depending on the circumstances of the electrocution accident, several types of claims may be possible:

Premises Liability Claims: These claims are filed against property owners for injuries that occur due to unsafe conditions on their property.
Personal Injury Lawsuits: These lawsuits are filed when someone’s negligent behavior causes an electrical injury.
Workers’ Compensation Claims: These claims are filed by employees who are injured on the job due to an electrical accident.
Product Liability Lawsuits: If an electric shock is caused by a defective product, the injured party might file a product liability lawsuit against the manufacturer, distributor, or retailer.
Wrongful Death Lawsuits: If an electric shock results in a fatality, the victim’s family may file a wrongful death lawsuit against the responsible parties.

Damages Available in an Electrocution Lawsuit

Victims of electrocution accidents may be entitled to compensation for their losses, including:

Medical Expenses: This includes costs from emergency room visits, surgery expenses, pharmacy bills, and other ongoing treatment or therapy expenses.
Lost Wages: Compensation for wages lost during the recovery period.
Lost Earning Capacity: Compensation for the reduction in future earning potential due to the injury.
Pain and Suffering: Compensation for the physical pain and emotional distress caused by the electrocution.
Funeral Costs: In the event of a fatality, compensation for funeral and burial expenses.
Loss of Consortium: Compensation for the loss of companionship and support in the event of a fatality.
Punitive Damages: Punitive damages may be available in situations in which the defendant’s actions were especially reckless or egregious.

The Role of an Electrical Expert Witness

In electrocution cases, an electrical expert witness can play a crucial role in helping the court understand the technical aspects of the incident. These experts can:

Conduct thorough technical analyses of the electrical systems and equipment involved in the incident.
Assess whether there were any defects, failures, or violations of industry standards.
Determine the cause of the electrocution, whether it was due to faulty wiring, inadequate insulation, equipment malfunction, or other factors.
Evaluate whether the electrical systems and components met relevant codes and standards at the time of the incident.

Preventing Electrocution: A Shared Responsibility

While property owners have a legal duty to maintain safe premises, preventing electrocution is a shared responsibility. Individuals can take steps to protect themselves by:

Being aware of electrical hazards
Using caution when working with electricity
Reporting any electrical hazards to the property owner or manager

Property owners can also take proactive steps to prevent electrocution by:

Regularly inspecting their property for electrical hazards
Hiring qualified electricians to perform electrical work
Providing adequate warnings about potential electrical dangers
Complying with all applicable electrical codes and safety standards

Conclusion

Premises liability and electrocution accidents are a serious matter. Property owners have a legal duty to maintain safe premises, and that includes protecting people from electrical hazards. If you or a loved one has been injured or killed due to electrocution on someone else’s property, it is essential to seek legal assistance from an experienced premises liability attorney. They can help you understand your rights and pursue the compensation you deserve.