Electrocution claims combine engineering, medicine, and Maryland injury law. They often involve several possible defendants and strict deadlines. This guide explains the common types of claims, who may be responsible, and what happens after a claim begins.
Many claims arise on construction sites, where workers contact overhead power lines, buried cables, or energized equipment. Others arise in homes and businesses from faulty wiring, missing ground fault protection, or defective appliances and tools. Utility lines that sag too low or lie unmarked underground cause some of the most serious injuries.
Depending on the facts, responsibility may fall on a property owner, a landlord, a general contractor, a subcontractor, an electrician, a utility, or a manufacturer. A property owner who knew or should have known of a dangerous electrical condition may answer for injuries to people lawfully on the property. A manufacturer may face strict liability for a defectively designed or built product.
An employee shocked at work usually receives Maryland workers' compensation benefits, which generally bar a negligence suit against the employer. The employee may still sue a third party whose negligence caused the shock, such as another contractor on the site or the utility. The workers' compensation insurer then holds a lien on part of any third-party recovery.
An electrocution claim usually depends on proof of how the current reached the injured person. Engineers and electricians often examine the equipment, the wiring, and the site, and they compare what they find with the National Electrical Code and safety regulations. Preserving the equipment and photographing the scene before repairs can decide the case.
Maryland follows contributory negligence, so defendants often argue that the injured person caused the accident. They may also argue assumption of the risk, particularly for workers trained around electricity. Detailed evidence of what the injured person knew, saw, and heard often answers these defenses.
A claim can seek medical expenses, lost wages, lost earning capacity, and compensation for pain, scarring, and lost enjoyment of life. When electrocution causes a death, Maryland's wrongful death statute allows certain family members to recover for their loss, and the estate may bring a separate survival claim. Courts and Judicial Proceedings Article Section 11-108 caps noneconomic damages.
Under Courts and Judicial Proceedings Article Section 5-101, a person must file most Maryland injury claims within three years. Wrongful death claims generally carry a three-year deadline as well, and claims against government bodies require earlier written notice. Talk to a lawyer promptly, because electrical evidence rarely survives long.
Christopher L. Beard, an Annapolis attorney, has handled more than a dozen electrocution claims arising at construction sites, homes, and other locations. To discuss an electrocution injury, e-mail chris@attorneybeard.com or call (410) 267-0227. Prior results do not guarantee a similar outcome.
