Electrical injuries are relatively 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 more are injured.
Children account for 20 percent of these injuries and deaths, with toddlers and adolescents most often involved. Among adults, many electrical injuries occur at work.
If you have been injured by electricity or have lost a loved one due to electrocution, you might wonder whether you have grounds to file an electrical injury lawsuit.
The lawyers at Craig L. Cook’s Law Offices can review your situation. They can also discuss the benefits of your possible claim.
Do I Have an Electrical Injury Lawsuit?
Determining whether you have an electrical injury lawsuit depends on several factors, primarily based on the concept of negligence. To prove negligence in an electrical injury lawsuit, you must establish the following elements:
- The defendant owed a duty of care to the plaintiff
- The defendant breached that duty of care
- The breach directly or proximately caused the accident and injuries
- The plaintiff suffered damages as a result
Electrical shock accidents might involve several legal theories, including premises liability, negligent supervision, or product liability.
Premises Liability in Electrical Injury Cases
Premises liability claims happen when someone gets hurt while visiting someone else’s property. This can include injuries like getting shocked. These visits are legal, such as going to a store or a public area. Property owners have a duty of care to maintain their property in a safe condition for visitors. If a property owner knew or should have known about a dangerous condition that caused an electrical injury, they may be liable for damages. This is a common basis for an electrical injury lawsuit.
Negligent Supervision and Electrical Injuries
Negligent supervision can lead to serious electrical injuries, especially when children are involved. For example, if your child was allowed to swim in a pool during a thunderstorm while visiting a friend or at a public pool, those responsible for supervising your child may be liable under the theory of negligent supervision. Such situations can form the basis of an electrical injury lawsuit.
Product Liability in Electrical Injury Lawsuits
Product liability is another critical aspect of electrical injury cases. When a defective product causes an electrical injury, those involved in designing, manufacturing, or selling the product could be held liable.
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. Electrical injury lawsuits often involve defective products with faulty wiring or inadequate warnings about the risk of electrocution.
Product designers and manufacturers are expected to use reasonable care to ensure their products are safe. If a product fails to meet safety standards and causes an injury, an electrical injury lawsuit may be filed to seek compensation for the victim.
What Damages Can You Recover in an Electrical Injury Lawsuit?
If you pursue an electrical injury lawsuit, the damages you may recover will depend on the extent of your losses and the specific circumstances surrounding the incident. Through a lawsuit, you may be able to recover both economic and noneconomic damages.
Economic Damages:Â These are monetary awards intended to compensate for financial losses, including past and future medical bills, lost income, and rehabilitation costs. In a wrongful death claim following an electrocution, economic damages may also cover burial and funeral expenses, as well as any medical bills incurred before the victim’s death.
Noneconomic Damages: These damages are meant to compensate for intangible losses resulting from the electrical accident. They can include pain and suffering, a reduction in the quality of life, emotional trauma, and other non-monetary impacts.
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? If you’re wondering, “Do I have an electrical injury lawsuit?” the attorneys at the Law Offices of Craig L. Cook are here to help.
We can evaluate your claim, determine if you have a valid case, and guide you through the process of filing an electrical injury lawsuit to seek the compensation you deserve.
