How Electrical Injury Cases Are Litigated
Electrocution is a safety hazard present in many workplaces and construction sites, and is consequently a frequent cause of personal injury litigation.
Greg Baumgartner speaks with us in this article, identifying common contexts for accidents involving electricity and sharing more insights that he has gained from a successful career as a personal injury attorney.
In your experience as a personal injury attorney, where and under what circumstances are accidents involving electricity most likely to occur?
Most cases we have handled involving electrical injuries stem from a construction site or work activity. There is a percentage that occurs in residential settings. However, we have found that construction and maintenance activities are the most susceptible to electrocution.
Maintenance and general operations seem to be a common thread of electrical injury cases in manufacturing. When a worker comes into contact with a live current, someone has not followed the safety rules.
Often, electrocution occurs because of a lock-out, tag-out violation, or workers that were not or improperly trained. We have had wrongful death cases involving electrocution where a product was defective. The product cases may involve a defectively manufactured product.
Some of our cases involve electricians who have not done the work correctly and have left a dangerous situation.
What injuries can contact an electrical source cause? What is the typical severity in cases that you see, and how life-altering can they be?
Most of our cases have involved a fatality. Coming into contact with a power source can easily be deadly. It is usually the lucky one who survives an electrocution. Those who do survive can have significant injuries that take a very long time to recover from – if they can recover.
Why is it critical that a post-accident investigation be conducted when an electrical source is involved, and what are the steps involved?
It is absolutely vital that an initial investigation take place promptly after an injury accident or wrongful death. Getting a skilled attorney experienced in electrocution cases is required. Most accident investigations will involve expert witnesses hired to determine the cause of the accident and how the injury could have been prevented. Delay in starting the initial investigation can hurt the case and sometimes even make it impossible to prove the case.
It is absolutely vital that an initial investigation take place promptly after an injury accident or wrongful death.
OSHA investigates many workplace injuries, and we believe that getting your representative to conduct their own investigation is better than relying on others such as OSHA.
The family or injury victim must act quickly to preserve vital evidence before it is altered or destroyed.
What factors determine whether an accident that causes an electrical injury is deemed a product liability or premises liability case?
As mentioned above, one of the most serious violations that we find is the lock-out, tag-out requirements being ignored or bypassed.
Almost all lock-out, tag-out cases involve negligence on the part of a company and not product liability. Yet, we have had product cases where the electrical source was not properly grounded, which led to a wrongful death. Having an initial investigation conducted quickly after the incident is required to establish who is responsible and why.
How can an experienced electrical injury attorney help an injured party to obtain necessary compensation?
As with any personal injury case, getting an experienced attorney who is not learning on the job is important for the client. It is not only a matter of knowing what to do and how to do it but also of having the experience, expert witnesses and approach needed to maximise compensation to the victim or their family.
What is the first piece of advice that you would give to an individual who has been the victim of a recent electrical accident?
The first piece of advice: If your injuries are severe or you have lost a loved one, do your homework. Find the best, most experienced personal injury attorney near you and hire them as soon as possible.
Delay favours the insurance company. If someone waits too long before they get a lawyer, important evidence can be destroyed, making the case difficult or impossible to pursue.
Greg Baumgartner, Founder
6711 Cypress Creek Pkwy, Houston, Texas 77069
Tel: +1 281-587-1111
Greg Baumgartner is a Houston personal injury lawyer and the founder of Baumgartner Law Firm. Greg is holds double law degrees and is rated ‘preeminent’. He is also a Trial Lawyers College graduate and the co-founder of the NW Houston Bar Association. Greg has practiced personal injury law for over 35 years and has given frequent personal injury practice presentations to lawyer groups.
Baumgartner Law Firm is a personal injury law firm based in Houston, Texas. Founded in 1985, the firm takes only serious injury and wrongful death cases and has been recognised by Newsweek, Super Lawyers, Top 100 Trial Lawyers and many other bodies.
