Electrocution Lawyer Cleveland OH
Electrocution, Electrical Injuries, and Electric Shock
As experienced wrongful death and personal injury lawyers, the attorneys at Mishkind Kulwicki Law are prepared to represent you for injuries arising out of an electrocution, electrical injury or electric shock. These injuries are unique and can be catastrophic. Specialized knowledge and experience are required.
Traditionally, the term “electrocution” referred to death resulting from electric current. However, the term was misused so often to include non-fatal injuries caused by electric shock, that the official definition was changed to include both injury and death resulting from contact with electric current. Lawsuits arising out of injuries caused by electric current typically fall into two categories: workplace intentional torts and premises liability.
In workplace, workers often use of electricity or work around electrical sources. In many instances, electrical sources can be shut off when work is required nearby. Unfortunately, in most cases, when a worker is injured on the jobsite as a result of coming into contact with a live wire or another source of electric current, they are barred by the Ohio Workers’ Compensation statute from filing a personal injury or wrongful death lawsuit. However, the workers’ compensation bar can be avoided when the electrocution or electric shock is caused by the negligence of a third party who is not employed by the injured worker’s employer. In addition, if the worker’s employer removed a guard or other protective barrier thereby exposing the worker to electric current, the injured worker may be able to successfully sue the employer in an employer intentional tort lawsuit. Finally, if the electrical injury occurs due to a defective product, like improperly maintained equipment or equipment that isn’t grounded, a product liability claim may exist.
Electrical injuries also occur as a result of unsafe conditions existing on property. These are called premises liability cases. Common examples involve the electric company’s failure to promptly secure and repair downed power lines, exposed electrical wires in an area frequented by passersby, and failure to properly ground lighting equipment that comes into contact with a water source, such as a pool, spa or pond.
Finally, injury or death can result due to lightning. While lightning is generally considered an “act of God” that does not carry liability, a liability case can be made under limited circumstances. For example, if a child, elderly person, disabled person or anyone else who is dependent upon others for their safety is struck by lightning due to a caregiver or sitter’s failure to provide shelter in an electrical storm, liability might attach.
Personal injuries resulting from electrocution and electric shock are unique. Electricity, by nature, arcs, which means that it will travel from the point of contact to an exit point. As a result of this physical property, called arcing, electrocution and electric shock can cause significant burns and amputations. In addition, a survivor of electric shock may sustain a serious traumatic brain injury. Medical studies show that an electrical exposure can alter the normal function of the human brain resulting in cognitive, intellectual and emotional disturbances from permanent brain damage.
Due to the unique nature of electrocution, electrical injury and electric shock lawsuits, it is important to consult with an experienced personal injury attorney who not only knows how to investigate and prove liability, but also has experience capturing all of the noneconomic and economic costs associated with electrical injuries. Please contact Mishkind Kulwicki Law Firm to speak with an electrocution lawyer Cleveland, OH residents trust. We do not charge a fee for our initial consultation. We are here to help.