An electrocution accident can be caused by both an unsafe situation and a victim who could have been more careful.
We are all flawed humans. We all make mistakes. What if the person hurt was not perfect? What if the person hurt had some fault?
For many years the law has dealt with this reality. In most states, if the injured person was partly at fault, the money paid to the injured person will be decreased. For example, if the injured person was 20 percent at fault, then the money award will be reduced by 20 percent. This is called “comparative fault” or “comparative negligence”. In some states there is a limitation on how much fault the injured party can have. For example, the Oregon rule is that the injured party cannot be over 50% at fault.
In a few states, that is Alabama, Maryland, Virginia and North Carolina, and in the District of Columbia, the rule is different and very harsh. If the injured party had any percentage of fault, then the injured party will recover nothing. You can appreciate the unfairness of this rule. This unfair and outmoded rule is called “contributory negligence”.
None of us is perfect. When an injured person feels guilty because he could have been more careful, sometimes he feels conflict about whether he should recover anything. When a client is feeling guilty, an electrocution accident attorney will advise that the legal system has dealt with this issue for many years, and the Judge and Jury will make a fair allocation.
Many people do not realize that a body of knowledge has been built up about how normal humans will make mistakes, that normal human mistakes are predictable, and that normal safety measures can prevent terrible injuries. Examples of this approach are all around you in everyday life, even for relatively safe activities. For example, every staircase has handrails, in case you slip. These human considerations are more important around dangerous things, such as high energy and dangerous electrical wiring.
The experts on predictable human mistakes and effective safety measures are called human factors engineers. Their assistance can be important in an electrocution case. The companies that provide electric power are well aware of the danger of unsafe installations and are aware of safety measures that should be in place.
Judges and Juries will not punish an injured person because the person made a normal human mistake. This is especially true when the at-fault company or government agency has departed from safe practices. Weighing these factors is what an attorney has to do in recommending whether to settle, or go to trial on your accidental electrocution case.
Next, you might want to ask a question.