Who Can Be Held Liable for an Electrocution Injury or Death in Texas?
If you or a loved one was electrocuted in Texas, you may have a legal claim against an employer, a utility company, a property owner, a general contractor, or an equipment manufacturer — and in some cases, all of them. Texas law allows injury victims and grieving families to pursue compensation from every party whose negligence contributed to the harm.
Varghese Summersett’s Personal Injury Team
Electrocution cases are among the most legally complex personal injury claims in Texas. They often involve multiple defendants, overlapping insurance policies, federal OSHA investigations, and catastrophic injuries that permanently alter lives. You need a team that has handled high-stakes, multi-party litigation before — and that’s exactly what Varghese Summersett brings.
Ty Stimpson, who leads the firm’s Personal Injury Division, began his career as a prosecutor at both the Dallas County and Tarrant County District Attorney’s Offices. That background, combined with his skill at negotiation and trial, translates directly to the kind of relentless advocacy electrocution victims need. Partner Damian Williams, based in Dallas, is known for handling catastrophic injury and wrongful death cases involving industrial accidents, oilfield explosions, and construction sites. He has secured multiple seven-figure verdicts and settlements and is recognized by Lawdragon among The 500 Leading Plaintiff Consumer Lawyers in the country (2024 and 2025).
With four offices across Texas, a team of 70+ legal professionals, and a track record that includes more than 1,600 dismissals and 800+ charge reductions on the criminal side of the house, Varghese Summersett has the depth and resources to build the case your family deserves.
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What Are the Most Common Causes of Electrocution in Texas?
Electricity kills and maims in predictable ways — and those patterns almost always trace back to someone’s failure to act responsibly. The most common scenarios our team sees involve workers on construction sites or utility jobs encountering energized lines that should have been de-energized before work began. We also see homeowners and tenants injured by faulty wiring, defective appliances, or improperly maintained electrical systems on properties where the landlord or manager knew — or should have known — there was a problem.
Children are especially vulnerable. A child who contacts exposed wiring in an apartment complex, or who is injured by a pool’s faulty electrical system, has the same right to legal protection as any adult worker. Swimming pool electrocutions and “electric shock drowning” cases, where stray current in the water causes swimmers to lose muscle control and drown, represent one of the most heartbreaking categories of electrocution claims we handle.
Other common causes include downed power lines after storms, contact with high-voltage overhead lines during tree trimming or roofing work, defective extension cords and power tools, and inadequate lockout/tagout procedures at industrial facilities. In each situation, someone had the power to prevent the injury and chose not to — or simply failed to.
What Texas Law Says About Electrocution Claims
Most electrocution injury and wrongful death claims in Texas are grounded in negligence under the Texas Civil Practice and Remedies Code. Under Texas Civil Practice and Remedies Code § 33.001, a plaintiff who is found to be more than 50% at fault for their own injuries cannot recover damages. This is Texas’s modified comparative fault rule, and it matters in electrocution cases because defendants frequently argue that the victim should have known better. An experienced attorney will build the record to show where the real fault lies.
Wrongful death claims are authorized under Texas Civil Practice and Remedies Code § 71.001 et seq., allowing surviving spouses, children, and parents of a person killed by someone else’s negligence to seek compensation. A companion claim called a survival action, under § 71.021, allows the deceased person’s estate to recover damages the victim personally suffered before death — including pain and suffering.
To succeed on a negligence claim, the plaintiff must prove four elements by a preponderance of the evidence (meaning it is more likely than not that each element is true). The burden rests entirely on the plaintiff:
- Duty: The defendant had a legal obligation to act with reasonable care toward the plaintiff.
- Breach: The defendant failed to meet that obligation.
- Causation: The defendant’s breach was a proximate cause of the plaintiff’s injury or death.
- Damages: The plaintiff suffered actual, measurable harm as a result.
When a defendant’s conduct goes beyond ordinary negligence — when they knew a serious danger existed and consciously disregarded it — Texas law permits an award of exemplary (punitive) damages. This matters in electrocution cases where an employer ignored repeated safety complaints or a property owner had multiple prior complaints about faulty wiring.
Who Can Be Held Liable for an Electrocution?
This is the question at the center of most electrocution claims, and the answer is often “more than one party.” Texas law allows injured people and their families to pursue claims against every responsible defendant simultaneously. Here is a breakdown of the most common targets in these cases.
The Employer or Electrical Contractor
If a worker is electrocuted on the job, the employer is almost always the first defendant investigated. Employers are required under both Texas law and federal OSHA regulations to provide a reasonably safe workplace. That means proper training, adequate personal protective equipment, safe procedures for working near energized lines, and effective supervision. When an employer skips those obligations — whether to save time, save money, or simply because no one was paying attention — and a worker is killed or severely injured, the employer faces substantial liability.
One important wrinkle in Texas: if the employer carries workers’ compensation insurance, the workers’ comp system is generally the exclusive remedy for an injured employee. But that exclusivity has a major exception. Under Texas Labor Code § 408.001(b), a surviving family member can still bring a wrongful death lawsuit against an employer who acted with gross negligence — meaning the employer knew their conduct created an extreme risk of serious harm and proceeded anyway. Employers who do not carry workers’ compensation insurance have no such protection and can be sued directly.
The Utility Company
In most Texas communities, power lines are owned and maintained by a utility company — Oncor in the DFW area, CenterPoint Energy in Houston, and others throughout the state. Utilities have a legal duty to maintain their lines in a safe condition, to properly de-energize lines before work is performed nearby, and to coordinate with contractors working in proximity to energized infrastructure.
When a utility company fails to de-energize a line before a crew begins work beneath it — or fails to warn workers of the line’s voltage — and someone is electrocuted as a result, the utility faces liability under both ordinary negligence and premises liability theories. These cases require careful investigation of communications between the utility and the contractor, internal protocols for line clearance, and the utility’s maintenance records.
The Property Owner
Under Texas premises liability law, property owners and occupiers owe a duty of care to people who come onto their property. The level of duty depends on the visitor’s status — invitees (people there for business or a public purpose) receive the highest protection. A property owner who has faulty wiring, exposed electrical panels, or a malfunctioning pool electrical system and fails to warn or repair can be held liable for injuries that result.
In cases where a property owner hires an electrical contractor to do work on the premises, the analysis becomes more layered. Did the owner coordinate a safe work environment? Did they request work be done in a way that created hazards? Did they know about unsafe conditions and say nothing? Each of those questions can establish liability.
The General Contractor
On construction sites, a general contractor oversees the project and hires subcontractors to perform specialized work. Under the “retained control” doctrine recognized by Texas courts, a general contractor who retains control over the manner in which the work is performed can be held liable for injuries to subcontractor employees. If the GC issued work orders that required crews to work near energized lines without securing a clearance, or failed to implement a site safety plan, they share in the liability.
Negligent hiring is a separate theory. If a GC hired an electrical subcontractor without verifying their safety training, licensing, or OSHA compliance history, and that subcontractor’s unsafe practices lead to an electrocution, the GC can be liable for the hiring decision itself.
Equipment Manufacturers
Bucket trucks, insulated tools, personal protective equipment, and other equipment used around electrical systems must meet strict safety standards. If a bucket truck’s insulation fails at the rated voltage, or if protective gloves are defective and allow current to pass through, the manufacturer may face a product liability claim. These claims can be pursued independently of any other negligence theory and do not require proof that anyone was careless — only that the product was defective and unreasonably dangerous.
How Long Do You Have to File a Claim in Texas?
The statute of limitations for personal injury claims in Texas is generally two years from the date of the injury. For wrongful death claims, the clock also starts on the date of death. Under Texas Civil Practice and Remedies Code § 16.003, waiting past that deadline means losing the right to sue, regardless of how strong the underlying claim is.
There are limited exceptions — for example, claims involving minors may be tolled until the child turns 18 — but those exceptions are narrow and should never be counted on without speaking with an attorney. For more detail, see our page on Texas’s personal injury statute of limitations.
Two years sounds like a long time, but electrocution cases require immediate action. OSHA investigates workplace electrocution fatalities and produces reports that are critical evidence. Equipment must be preserved and inspected before it is repaired or scrapped. Witnesses must be interviewed before memories fade. The sooner an attorney is involved, the better the evidence foundation for your case.
What Damages Can Be Recovered?
Electrocution cases frequently produce some of the most serious injuries the law recognizes: severe burns, cardiac damage, traumatic brain injury from falls after the shock, nerve damage, and amputation of limbs where entry and exit wounds destroyed tissue beyond repair. Wrongful death cases leave families with financial devastation on top of grief. Texas law allows recovery for a broad range of losses.
Economic damages include past and future medical expenses, lost wages and earning capacity, rehabilitation and long-term care costs, and funeral and burial expenses in wrongful death cases. Non-economic damages cover physical pain and suffering, mental anguish, disfigurement, and loss of consortium for a spouse. Our page on economic damages in Texas personal injury cases and non-economic damages explain how these categories are valued in practice.
When the evidence supports gross negligence — particularly in workplace cases where safety protocols were knowingly ignored — exemplary damages are also available. Our attorneys have experience pursuing punitive damages in Texas personal injury cases when the facts justify it.
The Legal Process in an Electrocution Case
The moment an electrocution occurs, the clock starts running on evidence. Here is what the process looks like from first contact with our firm through resolution.
Investigation and Evidence Preservation
Our team begins by identifying every piece of evidence connected to the incident: OSHA fatality reports, equipment inspection records, maintenance logs, contracts between employers and contractors, photographs from the scene, witness statements, and medical records. In workplace cases, we often retain electrical engineering experts and OSHA compliance specialists who can evaluate whether applicable safety standards were violated. Evidence that is not preserved early in a case can be lost forever.
Identifying All Responsible Parties
Electrocution cases frequently involve overlapping responsibility. We investigate every entity in the chain — the property owner, the general contractor, subcontractors, utility companies, and equipment manufacturers — and pursue claims against all parties whose negligence contributed. This matters because the financial resources available to compensate victims multiply when liability is spread across multiple defendants.
Filing and Litigation
After investigation, we file suit and enter the discovery phase, during which we obtain internal company documents, depose key witnesses, and retain experts to testify about liability and damages. Damian Williams, our Dallas-based trial partner, is particularly skilled at uncovering systemic failures within corporations and presenting them to juries in a way that resonates. Many cases resolve at mediation before trial, but our attorneys prepare every case as if a jury will decide it.
Settlement or Trial
We negotiate aggressively with defendants and their insurers, but we do not accept inadequate offers. Ty Stimpson has built a reputation for refusing to let insurance companies undervalue serious cases. If a fair resolution cannot be reached, we try the case. Our team has the experience and resources to see a complex electrocution case through a full jury trial.
Why Insurance Companies Fight Electrocution Claims
The defendants in electrocution cases — utilities, employers, contractors, property owners — all carry substantial insurance policies, and their insurers employ teams of lawyers and adjusters whose job is to pay as little as possible. They will investigate the scene themselves, often before the family has retained an attorney. They will look for ways to shift blame to the victim. They may argue that the worker should have refused to perform an unsafe task, or that the homeowner who was shocked by faulty wiring should have recognized the hazard.
Katie Steele spent years on the insurance defense side before joining Varghese Summersett’s personal injury team. She understands exactly how those arguments are built — and how to take them apart. Having that institutional knowledge in your corner matters when a well-funded insurer is working against you.
Local Resources for Electrocution Victims in Texas
If you or someone you love was electrocuted in Texas, emergency medical care should be the first priority. Severe electrocution injuries — including cardiac arrhythmia, internal burns, traumatic brain injury, and spinal cord damage — often require specialized trauma care. Texas is fortunate to have several Level I trauma centers equipped to handle these injuries.
- Fort Worth: JPS Health Network (John Peter Smith Hospital) — Level I Trauma Center
- Fort Worth: MedStar Mobile Healthcare — primary EMS provider for Tarrant County
- Dallas: Parkland Memorial Hospital — Level I Trauma Center
- Dallas: UT Southwestern University Hospital — Level I Trauma Center
- Houston: Memorial Hermann – Texas Medical Center — Level I Trauma Center
- Houston: Ben Taub Hospital — Level I Trauma Center
For workplace electrocutions, the Occupational Safety and Health Administration (OSHA) conducts mandatory investigations into fatalities. Their reports can be critical evidence in a civil claim. You can report a workplace fatality or obtain OSHA investigation records through the U.S. Department of Labor’s OSHA website.
What to Expect From Varghese Summersett
We take electrocution cases on a contingency fee basis, which means you pay nothing unless we recover compensation for you. There is no upfront cost, no hourly billing, and no out-of-pocket expense for investigation or expert witnesses. Our fee comes from the recovery, period.
From the moment you call, you will have direct access to an attorney — not a paralegal acting as a gatekeeper. We explain everything in plain language. We keep you informed. And we build every case with the same preparation and intensity we would bring to a jury trial, because insurance companies settle fairly only when they know the other side is ready to fight.
Benson Varghese founded this firm on the principle that results matter more than promises. The personal injury attorneys at Varghese Summersett — Ty Stimpson, Damian Williams, Katie Steele, and Taylor Brumbaugh — share that commitment. They are here because they want to be here, working cases they believe in, for clients who deserve more than a form letter and a lowball settlement offer.
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Frequently Asked Questions About Electrocution Claims in Texas
Can I still sue if my family member was covered by workers’ compensation?
Possibly, yes. Workers’ compensation generally bars employees from suing their employer directly. But surviving family members can still bring a wrongful death lawsuit against an employer who acted with gross negligence — conscious disregard for an extreme risk of serious harm. And workers’ comp does not bar claims against third parties at all, including utility companies, property owners, general contractors, and equipment manufacturers. Many electrocution wrongful death cases involve both a workers’ comp claim and a third-party civil lawsuit filed at the same time.
What if the victim was partly at fault?
Texas follows a modified comparative fault rule. As long as the victim was not more than 50% responsible for what happened, they (or their family) can still recover damages. The recovery is reduced by their percentage of fault. So if a jury finds the victim was 20% at fault and the damages total $1 million, the recovery would be $800,000. Defendants routinely try to inflate the victim’s share of fault to reduce their exposure — experienced counsel anticipates and counters those arguments.
How do I know if the utility company is liable?
Utility company liability typically turns on whether the company had a duty to de-energize the line or install protective equipment before work began in proximity to it, and whether they met that duty. Industry standards and OSHA regulations set specific requirements for line clearance, and internal utility records often show whether the proper requests were made and whether the utility acted on them. This is one area where having an attorney who can issue preservation letters and request records immediately after an incident makes a significant difference.
What is “electric shock drowning” and can it be the basis for a lawsuit?
Electric shock drowning occurs when faulty wiring — most commonly at boat docks, marinas, or swimming pools — allows alternating current (AC) to leak into the water. A swimmer who enters the field loses muscle control and drowns. These incidents are entirely preventable with properly installed and maintained equipment, and they almost always trace back to a negligent property owner, contractor, or equipment manufacturer. Families who have lost a child or loved one to electric shock drowning may have strong premises liability and wrongful death claims.
How much is an electrocution case worth?
Electrocution cases vary enormously in value depending on the severity of the injuries, the victim’s age and earning capacity, the number of liable defendants and their insurance coverage, and whether the facts support exemplary damages. Cases involving permanent disability, traumatic brain injury, amputation, or wrongful death often reach seven-figure territory. There is no formula, but there is a methodology — one our attorneys apply to every case by carefully documenting every economic and non-economic loss and building the evidence to support maximum recovery.
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Injured in Texas? Get a free consultation.
Electrocution cases do not wait. Evidence disappears, witnesses move on, and the parties responsible start building their defense from day one. If you or someone you love was electrocuted in Texas, speak with an attorney at Varghese Summersett as soon as possible. There is no cost for the consultation, and no fee unless we recover for you. Call (817) 203-2220 or reach us through the form on this page to get started.
