Electrical injuries are fairly common in Arkansas, Oklahoma, and across the U.S. According to the National Center for Biotechnology Information, an estimated 1,000 people are killed in electrical accidents each year in the U.S., and 30,000 are injured. Children account for 20 percent of the electrical injuries and deaths, and toddlers and adolescents account for most of the incidents. Among adults, most electrical shock accidents occur at work. If you have been injured by electricity or have lost a loved one due to an electrocution, you might wonder whether you have grounds to file an electrical injury lawsuit. The attorneys at the Law Offices of Craig L. Cook can evaluate what occurred and explain the merits of your potential claim.
Do I Have an Electrical Injury Lawsuit?
Electrical injury cases are primarily rooted in theories of negligence. To prove negligence, plaintiffs must be able to prove the following elements:
- The defendant owed a duty of care to the plaintiff
- The defendant breached the duty of care
- The defendant’s breach directly or proximately caused the accident and injuries
- The plaintiff suffered damages as a result.
Electric shock accidents might involve several legal theories, including premises liability, negligent supervision, or product liability.
Electrical accident claims involving premises liability might be filed when people are shocked while they are lawfully visiting the property of others, such as a store or a public place. Property owners owe a duty of care to their visitors to maintain their property and keep it in a safe condition. If a property owner knew or should have known about the dangerous condition that caused an electrical injury, the owner may be liable to pay damages.
Negligent supervision claims can occur when a child is electrocuted while under the care of another person. For example, if your child was allowed to swim in a pool during a thunderstorm while he or she was visiting a friend or at a public pool, the people who were responsible for supervising your child may be liable under the theory of negligent supervision.
Product liability claims for electrical accidents involve product defects. According to the Consumer Product Safety Commission, an average of 48 deaths occurred each year between 2011 and 2013 due to electrocutions from consumer products. Product designers, manufacturers, and others that were involved in the chain of distribution to bring a defective product to the market may all be liable when someone is seriously injured or killed in an electrical accident caused by the defective product. Product designers and manufacturers are expected to use reasonable care to ensure that their products are safe. Many product liability claims involving electrical accidents involve faulty wiring (which can occur in either the design or manufacturing process) or inadequate warnings about the risk of electrocution.
An attorney at the Law Offices of Craig L. Cook can evaluate your claim to identify the parties who might be responsible and the legal theories that should be addressed in a civil complaint.
What Damages Can People Recover in Electrical Injury Claims?
If you file an electrical injury lawsuit, the available monetary damages will depend on the extent of your losses and the facts and circumstances of what happened. Through a lawsuit, you might be able to recover economic and noneconomic damages.
Economic damages are monetary awards that are meant to compensate you for your pecuniary losses (including past and future medical bills, past and future income losses, and rehabilitation costs). In a wrongful death claim filed following an electrocution, the economic losses might also include the costs of burial and funeral expenses for the victim as well as any medical bills that were incurred to treat the victim before he or she died. Noneconomic damages are meant to compensate you for the intangible losses that you have suffered because of the electrical accident. These can include such things as pain and suffering, a reduction in the quality of your life, emotional trauma, and others.
Get Help from the Law Offices of Craig L. Cook
Have you or someone you love been the victim of an electric shock due to the negligence of others? Contact the Law Offices of Craig L. Cook today to learn whether you have grounds to file an electrical injury lawsuit.