An electrocution injury claim is a claim for harm caused when electric current passes through the body, from a power line, faulty wiring, an unsafe pool or hot tub, or a defective appliance or tool. Strictly speaking, electrocution means a fatal shock, but the word is widely used for any serious electrical injury, and the legal claims are similar.
Blank Kim Injury Law represents people hurt by electricity across Northern Virginia, including tradespeople, homeowners, tenants, swimmers and families who have lost someone to a shock. Attorney Robert Kim speaks Korean, and our paralegal team speaks Spanish.
How electrical injuries happen
- Overhead power lines. Ladders, aluminum poles, cranes, boom lifts and dump truck beds that touch or come close to an energized line.
- Downed lines. Lines brought down by storms, falling trees or vehicle crashes, and left energized.
- Faulty building wiring. Exposed conductors, missing covers, overloaded circuits and ungrounded outlets in rentals, stores and workplaces.
- Pools, hot tubs and fountains. Electrical faults in lights, pumps and nearby outlets that energize the water. See swimming pool accidents.
- Defective products. Appliances, extension cords, chargers, power tools and space heaters with design or manufacturing flaws.
- Construction and maintenance work. Temporary power on job sites, circuits that were not locked out, and buried lines struck while digging.
Before any digging project, Virginia 811 can be contacted to mark underground utility lines. Whether that step was taken, and whether the marks were accurate, is often a key fact when a buried cable is struck.
Injuries caused by electric shock
The harm from electricity depends on the voltage, the path the current took and how long contact lasted. Common injuries include:
- Burns at the entry and exit points, and deep internal burns to muscle that may not be visible at first
- Heart rhythm problems, including cardiac arrest at the time of the shock
- Nerve damage, causing numbness, weakness and chronic pain
- Brain injuries, both from the current and from falls off ladders or lifts
- Muscle damage that can affect the kidneys
- Amputations when tissue in a hand or limb cannot be saved
- Cataracts, hearing loss, memory problems and emotional trauma that appear later
Anyone who has had a significant shock should be evaluated at a hospital, even if they feel fine. Serious electrical trauma in Northern Virginia is often treated at Inova Fairfax Medical Campus, the region’s Level I trauma center. Delayed symptoms are one reason these cases need careful medical documentation.
Who can be responsible for an electrical injury
| Situation | Who may be responsible | Basis of the claim |
|---|---|---|
| Shock from a power line near a home or road | The utility, a tree service, a contractor | Negligent installation, clearance or response to a downed line |
| Shock in a store, hotel or apartment | The property owner or landlord, an electrical contractor | Failure to keep premises reasonably safe or to warn of hidden dangers |
| Shock from an appliance or tool | The manufacturer, distributor or seller | Negligence or breach of warranty (Virginia has no strict product liability) |
| Shock at a pool or hot tub | The owner, operator or pool service company | Negligent maintenance or wiring |
| Shock on a work site | A contractor or equipment maker other than your employer | Third-party negligence alongside workers’ comp |
Property owners owe people they invite onto their premises reasonable care, including warning of hidden dangers they knew or should have known about. For defective products, Virginia claims proceed in negligence or under the implied warranty of merchantability, Va. Code § 8.2-314. See our page on product liability claims.
Electricians, line workers and other workers
Many electrical injuries happen on the job, to electricians, HVAC technicians, roofers, painters, tree trimmers and construction workers. An injured employee generally has a workers’ compensation claim, which is the exclusive remedy against the employer under Va. Code § 65.2-307.
A worker may also have a separate claim against a third party under Va. Code § 65.2-309: for example a general contractor that failed to de-energize a circuit it controlled, or the maker of a tool with defective insulation. Virginia’s statutory employer rules can limit which contractors on the same project can be sued, so the contracts need to be reviewed. Virginia also has specific safety rules for working near high-voltage overhead lines, and whether they were followed is part of the investigation.
Fault rules and deadlines in electrical injury cases
Outside of workers’ comp, these claims follow Virginia’s ordinary injury rules. Virginia’s contributory negligence rule generally bars recovery if the injured person was even slightly at fault, and defendants in electrical cases often argue the victim should have seen the line or known the danger. Children under seven are presumed incapable of negligence.
- Personal injury claims generally must be filed within two years of the injury, Va. Code § 8.01-243(A).
- Wrongful death claims generally must be filed within two years of the death, Va. Code § 8.01-244(B), and are brought by the personal representative under Va. Code § 8.01-50.
- If a county, city or town owned the equipment, such as a streetlight or a park fixture, written notice can be required within six months. See government claim notice in Virginia.
Preserving evidence after an electrical accident
- Do not touch the person or the source until the power is off. Call 911.
- Keep the appliance, cord, tool or fixture involved. Do not throw it away, return it or let anyone repair it.
- Photograph the area, including overhead lines, outlets, panels and any warning signs, or the lack of them.
- Write down the names of the property owner, contractors or utility crews present.
- Ask an attorney to send preservation letters, because utilities and property owners often repair the hazard quickly.
Once we take a case, qualified electrical engineers can examine the equipment and provide expert testimony about what failed and why.
