There are approximately 1,000 deaths each year in the United States due to electrical injuries.
An additional 30,000 non-fatal electrical shock incidents happen each year.
If you or a loved one is injured, you need to know who is liable for an electrical burn injury in NC.
Our experienced Jacksonville personal injury lawyers at Horton & Mendez, Injury & Car Accident Attorneys explain electrical burns and burn injury compensation in North Carolina.
Understanding types of electrical burns
An electrical burn is tissue damage to the body caused by an electrical current. Electrical current passes through the body, converts to heat, and burns body tissue. Electrical burn is different than a burn from flames or hot liquids because internal organ damage may be significant while injuries appear minimal on the surface.
What Causes Electrical Burn Injuries at Work or on Private Property?
Causes of electrical burn injuries at work or on private property include the following:
- Exposure to lightning.
- Incorrect use of electrical cords or outlets, unplugging machinery or equipment incorrectly, leaving sources of electricity live when they should be shut off
- Power arcing, a fault in the intended flow of electricity
- Electrical sources where a person isn’t expecting them to be, such as accidental contact with overhead or buried power lines
- Circuit overloading, more electrical current than the circuit can safely handle
- Failing to ensure electrical wires are shut off before working with them
- Using an electrical device near water, accidental exposure to water, or a wet environment
- Inadequate grounding of electrical sources
- Improper use of extension cords
- Not using property tag out/lock out practices for faulty equipment and performing machinery maintenance
- Human error, inadequate training
- Equipment malfunction
- A young child chewing on an electrical wire or playing near an outlet
An electrical burn may result from failing to identify risks, poor safety practices, or a lack of training.
Sources of electricity
Electrical burn injury at work or on private property may come from any of the following sources of electricity:
- Outlets
- Electrical devices
- Home appliances
- Power lines, exposed electrical lines
- Equipment and tools
- Machinery
- Stun guns
- Electrical wires and currents
Contact with direct current (DC) or alternating current (AC) can cause electrical burns.
Types of Electrical Injuries and Long-Term Effects
There are three categories of electrical burns: electrical burns, arc burns, and thermal burns.
An electrical burn occurs when electrical current contacts a person through wiring or faulty equipment. An arc burn is a flash of electricity that travels through the air. Direct contact is not required for an arc burn to occur. A thermal burn occurs when an electrical current causes heat, which results in tissue damage.
All types of electrical burns have the potential to cause serious injury and death.
Electrical burns are classified as first degree, second degree, and third degree, based on the extent of internal damage. Third-degree electrical burns are the most serious.
Injuries
Electrical burns may cause a variety of internal injuries, including:
- Cardiac arrest, death
- Cardiac arrhythmia, irregular heartbeats
- Kidney malfunction
- Muscle damage, impaired muscle function
- Harm to the nervous system, seizures, cognitive impairment
- Eye and ear damage
- Loss of consciousness
- Compartment syndrome, increased pressure in muscle compartments
- Skin lesions
In addition, a person may experience blunt trauma if they fall because of shock. They may suffer broken bones, a concussion, or a spinal cord injury from falling.
When a Property Owner May Be Held Liable
A property owner may be held liable for an electrical burn in North Carolina. Property owners have a duty to protect those who are lawfully on their property. This duty extends to taking reasonable steps to protect from electrical burns.
The property owner must take reasonable steps to address known dangers. Knowledge may be actual—the property owner knows that a danger exists. They may have observed the danger themselves. Prior incidents may have occurred, or others may have brought the danger to their attention.
Sometimes, a property owner is treated as if they knew about the danger because of constructive knowledge. Constructive knowledge is when the danger existed for a long enough time that the property owner should have discovered it. Constructive knowledge may make a property owner liable for an electrical burn, even if they can honestly say they didn’t affirmatively know it existed.
In addition, a property owner has a duty to warn people of hidden dangers.
Third-Party Contractors and Shared Responsibility
A third-party contractor and the party in full control of the property may have liability for an electrical burn. A contractor may fail to lead a safe work environment. If a person is injured on the job, they may qualify to claim workers’ compensation. They may also qualify for a personal injury claim.
Filing a Personal Injury vs. Workers’ Compensation Claim
In North Carolina, workers’ compensation is usually the sole remedy against the employer for an electrical burn. Workers’ compensation pays for medical care, plus replacement wages for time away from work. A person may receive compensation for a disability that persists despite medical treatment.
A third party may also be liable for personal injury. The third party may be an individual or a business. The injured party must prove negligence to succeed in an injury claim. By contrast, proving fault or negligence is not required to claim workers’ compensation.
Evidence Needed To Prove Negligence in Electrical Burn Cases
The evidence needed to prove negligence in an electrical burn case must answer the following questions.
- Did the defendant have a duty of care to the victim?
- How did the defendant breach the duty of care?
- How did their actions result in the accident and injuries?
- What harm has the victim suffered that should be compensated?
Most electrical burn claims rely heavily on a technical explanation of what caused the electrical burn, plus medical information to explain the extent of trauma.
An attorney can help you understand how personal injury and workers’ comp for electrical burns differ. They can explain the options in your case.
Contact an Experienced Jacksonville Premises Liability Lawyer
Horton & Mendez, Injury & Car Accident Attorneys, represent victims of all types of electrical burns. We investigate on behalf of our clients and can represent you in a claim for workers’ compensation or personal injury for an electrical burn. Contact us now.
