Can I Sue After Electric Shock?

LAW BLOG  •

January 2, 2018

An electric shock can prove devastating, even fatal. According to a recent report from the Consumer Product Safety Commission (CPSC), there are dozens of fatalities resulting from electrocution while using consumer products. Surprisingly, most of these fatalities were not children, but people 40 to 59 years old. This seems to suggest that many electrocutions that occur while using consumer products are not due to misuse, but defects or dangerous designs.

There are several other ways one might sustain an electric shock – for example, electrocutions are one of the most common forms of workplace injuries, especially in industries such as construction and utility work. You may endure an electric shock from a downed power line on someone else’s property or while using a pool in inclement weather. If you or a loved one recently incurred an injury from electric shock, you might be wondering if someone else is liable for your injuries.

In some cases, you may be entitled to compensation for the medical bills, lost wages, pain, and suffering you endured as the result of an electric shock. Your right to compensation depends on the unique circumstances of your case, as well as the other parties involved.

The Elements of an Electric Shock Case

Electrocution cases, like most personal injury cases, involve four basic elements:

  • Someone had a legal duty to protect you from the risk of electric shock. For example, manufacturers and retailers have a responsibility to make reasonably safe products and warn of any risks of using the product improperly.
  • Someone breached the duty of care. A manufacturer may breach its duty of care if it makes and distributes a dangerous or flawed product, or it fails to properly warn consumers about using it.
  • That breach led to your injuries. To collect compensation, you must show that it was another entity’s breach of duty that directly contributed to your injuries.
  • You incurred damages as a result. Examples of damages include lost wages, medical bills, even the pain and suffering associated with the incident.

If you want to collect compensation for your electric shock injury, you will have to provide adequate evidence of all of these, with the help of a personal injury attorney.

Other Considerations

You may be limited in your ability to sue, depending on where the accident occurred. For example, if you were shocked at work, your first avenue of recourse will be a workers’ compensation claim. The main advantage of these claims is that you won’t have to prove that your employer was negligent to collect benefits. On the other hand, collecting workers’ compensation benefits prevents you from suing your employer, even if your employer was negligent.

In this case, a personal injury attorney will investigate the possibility of a third-party claim. For example, your injuries could be the result of another party’s negligence, other than your employer. Common examples in a workplace setting include electrical subcontractors and utility companies. These cases can be complex and require the guidance of an experienced personal injury attorney.

Every state limits the amount of time you have to file a claim.

Don't Delay.

Contact the Attorneys at Gordon & Elias, LLP Today to preserve your right to a recovery.

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