Common Causes of Electrical Injury Cases

In our experience electrical injury cases involving an injury or death often involve one or more of the following factors:

How Does Electrical Energy Hurt Someone?

Electrical energy can hurt someone in two ways first by direct contact with an electrical energy source. This is referred to as electrocution. Electricity can also harm someone without direct contact when electricity flows through the air between conductors, also known as an arc flash or flashover.

Arch Flash

An arch flash is powerful emission of high-amperage current (or “arc”) through the air. This can occur when power differences exist across gaps between two or more conductors, such as when phase to phase, or phase to ground conduits are bridged.

The resulting arc of energy is violent and explosive releasing a large amount of energy. Temperatures measured in arc flashes are extreme. Electrical arcs have produce some of the highest temperatures known to occur on earth, up to 35,000°F (19,426 °C). This is 4 times the temperature of the surface of the sun which is about 9000°F (4982°C). Material in and around the arc vaporize and expand in volume. This plasma can sustain the arc and conduct electricity.

The arc can have a violent concussive force or wave blast. This wave of force can throw victims causing further injury.  Shrapnel from surrounding materials propelled by the blast may also cause severe damage.  Arc flash is usually associated with what the National Electric Code describes as high voltage systems. High voltage systems are those greater that 600 volts AC. However, arc flash risks exist, and arc flash can occur in lower voltage systems generally more than 120 volts.

Types of Injuries Caused by Arc Flash

Electrocution injuries can include burns (1 ^st ° to the 4 ^th °), brain injury, cardiac arrest, internal injuries to organs, muscles and soft tissue, and death. Because of the severity of these types of injuries a person may also suffer disfigurement, amputation, cognitive loss, memory loss, behavioral changes, seizures, and permanent loss of function. Victims of severe burns or amputation may also have anxiety, depression and social difficulties. It may be difficult or impossible to return to work, and full recovery, if possible, is a very long road.

Proving Electrical Injury Cases

To prove electrical injury case, the attorney representing the injured party must prove that the parties sued had a legal duty to the plaintiff. A duty is a legal obligation owed by one person or business to another person or business to exercise reasonable care considering potential harm. The degree of care that the defendant must have exercised is called the standard of care and sets forth that degree of caution that the defendant must have used to fulfill their duty. If the defendant met the standard of care than they are not liable to the injured party. Depending upon the person who caused or contributed to cause your electrical injuries they may have had an ordinary duty of care or the highest degree of care. Because electrical power is exceedingly dangerous most potential defendants will have to exercise the highest degree of care to meet their responsibility. If the plaintiff can prove that there is a duty and a failure to meet the standard of care than they have proven negligence. In addition, they must prove the defendant’s negligence caused or contributed to cause the harms and damages suffered by the injured party because of their actions or their failure to act. If these elements can be shown then the plaintiff is entitled to remedies including money damages for past medical bills, future medical bills, past lost wages or profits, future lost wages or profits, losses for other tangible expenses arising from the injury, and money for their pain, suffering, and loss of quality of life.

We handle electrical and arc flash injury cases in Missouri, Kansas, Illinois and throughout the United States.  We make on site visits to the location of the incident and are happy to come visit you in your home.

Who Might be Liable for Electrical Injuries

Each case must be completely investigated because who may be liable depends on the specific facts and circumstances of your specific case. However, our experience has shown that the following parties may be liable parties:

Comparative Fault in Injury Cases

In cases involving both consumers and electrical workers, a common theme for defendants is to cast blame on the victim. The defendant may claim misuse of a product or that an electrician or other worker failed to take basic safety precautions such as deenergizing the equipment or accuse them of breaching a safety standard. Sometimes these positions have merit, but in our experience electrical injury cases often combine multiple factors by multiple parties that cause the incident. Only through a complete and through investigation and assessment can fault be fairly assessed. Also, it is important to remember that just because you may bear some part of the fault, does not mean that you may not be able to recover damages for that part of the incident that was caused by someone else. Under the pure comparative fault doctrine, a jury asses fault and any fault you may have will reduce the award, but not prevent recovery. To get an honest assessment of your case contact us now to discuss the facts of your case

Types of Injuries Caused by Arc Flash

Arc flash injuries depend upon the proximity to the flash, with those being closest having the most severe injuries. The extreme heat of an arc flash can cause burns (1 ^st ° to the 4 ^th °).  The shock wave of the flash can cause a victim to be propelled with great force into objects causing blunt force trauma. Shrapnel can penetrate the human body causing injures such as sever wounds, fractures, brain injury, internal organ damage, amputation, and death. Because of these injuries a person may also suffer disfigurement, cognitive loss, memory loss, behavioral changes, seizures, and permanent loss of function. Victims may also have depression and anxiety leading to social difficulties. It may be difficult or impossible to return to work. Many people with severe injuries never fully recover or may need lifelong medical care.

Types of Cases We Have Handled: Electrocution & Arc Flash Injuries

Our firm has advised and represented injury victimizes and their families in several different types of cases involving electrical energy:

Get Help Now

If you are a loved one has suffered a severe electrical injury, or you are the family of a person is lost or why of electrical injury you may want to contact electrical injury attorney to discuss your rights. The law firm of Gump and Faiella experience in handling electrical injury and arc flash injury cases. We have helped people with serious electrical injuries recover substantial sums of compensation for their injuries. We offer a pre-initial consultation to discuss the specific facts of your case, as well as your legal options. If we represent you there is no fee, or costs unless we recover compensation for the harms and losses suffered. Electrical injury cases have the best chance for success when there investigated promptly, and evidence is preserved for later examination and use in the legal proceedings. Call 1-800-264-3455 or conduct us at info@tgflaw.com to start the process now.

Work Place Safety

Electrical injury in the works place is a serious concern. NFPA70E, Standard for Electrical Safety in the Workplace addresses arc flash and shock hazards. NFPA 70E includes tables for arc flash hazard identification and arc flash personal protective equipment (PPE) for various types and ratings of electrical equipment. As an employee you should be made aware of the hazards and receive proper protective equipment equal to the danger of the work environment. Your employer should know, teach and train you on the rules of safety and supply you with the proper equipment to do the job and stay safe. Other people on the jobsite or involved in the project may also owe you a duty of care to keep you safe from injury.

If you are a worker who was injured by an arc flash or electric shock hazard your employer may be liable to you under the workers compensation system, but other parties may also be liable to you in a tort injury lawsuit in the courts. To discuss your rights, contact the attorneys at Gump & Faiella now at 1-800-264-3455 or fill out a no risk contact form for a free consultation and evaluation of your claims.

Working Safe

Many electrical injuries are preventable if the proper care is taken by the people in charge. This requires following national safety codes and laws as well as adequate planning. The primary emphasis must be on safety. When a business or person puts profits above safety, someone will eventually be harmed and suffer.

There are several important industry standards for the prevention of arc flashes in the United States: These include: OSHA 29 Code of Federal Regulations (CFR) Part 1910, Subpart S (standards for work practices); NFPA 70-2005, National Electric Code (requirements for warning labels);  NFPA 70E-2004, Standard for Electrical Safety Requirements for Employee Workplaces (provides guidance on implementing appropriate work practices that are required to safeguard workers from injury while working on or near exposed electrical conductors or circuit parts that could become energized); IEEE Standard 1584-2002, Guide for Performing Arc Flash Hazard Calculations. Adherence to the standards is an important safety requirement.

For example, OSHA 1910.132 (d) and 1926.28(a) require that an employer assess the hazards in the work place, and to select, have and use correct PPE. The employer must also document the hazard assessment. The employer is also required to conduct hazard assessment in accordance with 29CFR1910.132(d)(1). If an employer follows these requirements then the risk of an incident is lowered, and if an incident occurs an employee will have proper protective equipment.

For more information on arc flash awareness and safety visit the Center for Disease Control here.

Responsibility for Work Place Injury

If you are injured at work, the most common responsible party is your employer. Most but not all employers are covered by the workers compensation system. If your employer is covered by workers compensation, then your rights and your survivors’ rights against your employer will be governed by the workers compensation law. However, other individuals and businesses may also be at fault for your injuries, and you may have a claim for money damages against them. If your employer is not covered by workers compensation or failed to comply with the law, you may pursue your employer for money damages in court.  For a free consultation about your rights and how they apply to your specific situation call now 1-800-264-3455.

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