Electric company liable for victim's severe burns on construction site

March 19, 2014 (Press-News.org) Contact with high voltage power lines can lead to catastrophic injuries or even death. If such injuries are caused by the negligence of the electric company or other third parties, then the negligent parties should be held accountable for their actions.

The Texas Court of Appeals case of Oncor Electric Delivery Co., LLC v. Murillo provides an example.

A tragic electrical accident

The victim was a subcontractor on a construction site where old apartments were being demolished. Several electric company transformers provided power to the old apartments. At one point in the project, the electric company received notice to close service on the transformers. However, the electric company did not de-energize the power cable that ran to one of the transformers.

A subcontracting company had the right to salvage equipment from the site, such as copper piping or electric cables, and the victim was instructed to salvage electric cables from the site. The victim attempted to remove cables from an unlocked and open transformer box on the site and received a severe electrical injury.

He suffered permanent deformity to his hands and forearms and received severe burns to both arms, as well as exposed muscles, tendons and nerves in his arms. The victim underwent 10 surgical procedures.

After a jury trial, the victim was awarded over $7 million in damages for disfigurement, pain and mental anguish, physical impairment, medical care expenses and more. The electric company appealed this verdict.

Did the electric company have a duty to the victim?

In reviewing the sufficiency of the evidence, the Texas Court of Appeals noted that the electric company had undertaken, via service contracts with the companies working on the site, to remove all meters and electrical service and to keep the premises safe for workers involved in the demolition work.

In other words, the electric company had taken on an additional duty beyond its general duty to control electricity to a customer account. In addition, the electric company had an easement--that is, a property interest--in the piece of land holding the transformers and had also assumed control over the disconnection of electricity to the project.

Thus, the court held there was sufficient evidence supporting the jury's finding that the company had exercised control over the manner in which the victim's work on the transformer was performed. The electric company had a duty to keep the premises safe for workers involved in the demolition project.

Since the electric company's failure to de-energize the transformer was the legal and actual cause of the victim's injury and the accident was foreseeable, the jury verdict in favor of the victim would stand.

Take immediate action

If you or a loved one is injured due to the actions of another, you should immediately speak with an experienced personal injury attorney, while evidence is still available and recollections are clear. Seek attorneys with a statewide reputation for excellence who will diligently pursue the compensation to which you are entitled for your injuries.

Article provided by Tinsman & Sciano, Inc.
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