Utility-Related Injuries and Fatalities: Navigating Complex Regulations and Unique Rules of Liability

Each year thousands of personal injury, wrongful death, and property damage claims are brought against utilities as individual lawsuits or class actions. Utilities include suppliers of electricity, telecommunications, natural gas, cable tv, sewer, and water. Many incidents occur at construction or power plant sites and involve electrocution injuries. In addition to negligence, counsel may not be aware of other unique areas of liability.

Claims can arise from motor vehicle collisions, excavation, faulty installation, negligent failure to maintain equipment, downed wires, and sometimes even criminal negligence. Personal injuries include shocks, burns, catastrophic fires or floods, death, severe physical injury, and massive property damage. Because utilities often "lend" their crews to other utilities, for example, in restoration efforts, it may be difficult to identify all the potential defendants.

Proving that the utility company is liable for damages requires understanding the complex state, federal, and other regulations that govern operations. Certain, but not all, duties are nondelegable. The utility may have some level of immunity for certain claims, depending on whether the utility is public or private. There may also be special pleading or timing requirements.

Listen as this experienced panel discusses bringing suit and recovering for injuries by utilities.