Electrical Injuries Part Two

I’m David Holub, an attorney focusing on personal injury law in northwest Indiana.

Welcome to Personal Injury Primer, where we break down the law into simple terms, provide legal tips, and discuss personal injury law topics.

In our last episode, we discussed a caller concerned about an injury he suffered while using an EV charging station when the charging cable shorted out and he received an electric shock and suffered second-degree burns on his hands.

We discussed the possibility of suing the electric utility company and discussed the utility company’s duty concerning members of the public coming into contact with uninsulated wires.

If the caller decided to sue for his injuries, the utility company likely would raise a defense called incurred risk.

Incurred risk demands a subjective inquiry into a particular person’s knowledge and voluntary acceptance of the risk. You’ll recall, that the caller said the charging cable looked like it may have been damaged by a prior user of the charging station, but he needed to charge his car so he decided to use it anyway.

In responding to a lawsuit filed by the caller, the utility company is likely going to argue that the caller was aware of the risk of touching a damaged cable, and voluntarily chose to grab the cable anyway.

You might be thinking that the utility company would prevail on the incurred risk defense. But, hold on for a moment.

To establish the incurred risk defense, it is necessary to show that the injured party had actual knowledge of the precise danger in question and appreciated all of the risks involved.

That is a big hurdle. The caller saw that the cable looked to have been stretched. But, he did not know of any specific danger, nor did he appreciate all of the risks involved in grabbing the cable.

A properly grounded cable, like those configured with a ground fault circuit interrupter, if implemented by the utility that put up the charging station, would have cut power instantly, and prevented any injury to the caller.

In our next episode, we discuss the defendant’s obligation to prove that the caller incurred the risk voluntarily.

I hope you found this information helpful. If you are a victim of someone’s carelessness, substandard medical care, product defect, work injury, or another personal injury, please call (219) 736-9700 with your questions. You can also learn more about us by visiting our website at DavidHolubLaw.com – while there, make sure you request a copy of our book “Fighting for Truth.”

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