Austin Electrocution Accident Attorney

Finding the right attorney after an electrocution accident in Austin starts with finding one who has the experience to handle a case this serious. Electrical current damages the body from the inside out, and the full extent of the injury may not be clear for days or weeks after the accident. Adam Loewy has represented seriously injured Texans for over two decades and has built a reputation for taking on cases that demand serious investigative work and litigation experience.

Electrocution accidents in Texas can stem from the negligence of property owners, employers, contractors, equipment manufacturers, and utility companies, and identifying every responsible party is a critical part of maximizing what you can recover.

If you were injured in an electrocution accident caused by negligence, you may be entitled to compensation. Call Loewy Law Firm at (512) 280-0800 to find out if you have a case. The consultation is free and if we take your case, you pay nothing unless we win.

Who Is Liable for an Electrocution Accident in Texas?

Liability in an electrocution case depends on who owned or controlled the property, who employed the injured worker, who manufactured the equipment, and who supplied the power. Texas law can reach all of them, and in Austin cases more than one party is frequently responsible.

Property Owners and Premises Liability

Property owners in Texas owe a duty to maintain safe conditions and warn of known hazards, and the level of that duty depends on the injured person’s status on the property:

• Invitees (people on the property for a business purpose) receive the highest level of protection.
• Licensees receive a moderate duty of care, meaning the owner is required to warn of known hazards.
• Trespassers receive the least protection, though owners can still be held liable for willful or wanton harm.

When a contractor or subcontractor is injured on someone else’s property, Texas CPRC § 95.003 limits a property owner’s liability but only when the owner had no control over how the work was performed and no actual knowledge of the hazardous condition. An owner who knew about an unguarded live wire or an improperly grounded electrical panel and failed to correct or warn is not protected by § 95.003. The statute shields uninvolved owners, not owners who were aware of the hazard.

Employers: Subscribers vs. Non-Subscribers

Texas is the only state where private employers may elect not to carry workers’ compensation insurance, a choice governed by Texas Labor Code § 406.002. Whether an employer carries workers’ comp or has opted out determines the entire path forward for an injured worker.

Non-subscriber employers (those who opt out of workers’ comp): An injured worker can sue the employer directly in tort. Texas Labor Code § 406.033(a) strips a non-subscriber of three defenses it would otherwise be entitled to use:

• Contributory negligence of the employee
• Assumption of risk
• Negligence of a fellow employee

Losing all three gives the injured worker a significantly stronger position in litigation.

Subscriber employers (those who carry workers’ comp): Workers’ comp covers medical costs and a portion of lost wages, but bars a direct lawsuit against the employer. Third-party cases against contractors, equipment manufacturers, or property owners remain available and can proceed at the same time as the workers’ comp claim.

On multi-employer construction sites, OSHA’s multi-employer citation policy extends potential liability to general contractors even when the injured worker was employed by a subcontractor, provided the general contractor controlled the site or created the hazard.

Equipment and Product Manufacturers

When a defective product contributed to an electrocution, the manufacturer is the primary defendant. Texas CPRC § 82.003 shields non-manufacturing sellers, including distributors and retailers, from liability unless the plaintiff establishes one of seven statutory exceptions, such as that the seller modified the product, had actual knowledge of the defect, or exercised substantial control over inadequate warnings.

Defect types seen in electrical injury cases:

• Defective wiring in tools, appliances, or industrial equipment
• Inadequate grounding or missing ground-fault circuit interrupter (GFCI) protection
• Missing safety guards
• Absent or inadequate warning labels

Product liability and premises liability can be pursued together when a defective product was in use on a negligently maintained worksite. The two theories are independent and the defendant groups are separate .

Utility Companies

Power line cases in Texas are governed by negligence principles. Private utilities carry a duty to inspect, maintain, and warn, and a failure to meet that standard supports a negligence case without a damages cap.

Austin Energy operates as a municipal utility, which Texas law classifies as a proprietary function under CPRC § 101.0215(b). A municipality performing a proprietary function is not protected by governmental immunity and is liable on the same basis as a private utility.

Electrical Injuries and the Medical Evidence That Supports Your Case

Electrical injuries are documented differently than most personal injuries, and the records generated in the weeks after an accident carry as much weight in a case as what was observed at the scene.

Electricity’s Path Through the Body

Electrical current travels through the body along the path of least resistance, which is nerves and blood vessels, not skin. Entry and exit wounds can look minor, while cardiac and neurological damage is already underway beneath the surface. Severity depends on voltage, amperage, duration of exposure, and the path the current took through the body — a current passing through the chest, for example, poses a different cardiac risk than one traveling from hand to hand.

Injuries That Surface Days, Weeks, or Months Later

Getting a full picture of an electrical injury takes time, and in a personal injury case, the records that capture that picture are part of the evidence. Injuries that can surface after the initial accident:

• Cardiac Arrhythmias: the heart’s electrical system can be disrupted in ways that don’t appear on an initial EKG, and survivors need cardiac monitoring even after being discharged from the ER without immediate cardiac findings
• Neurological Damage: numbness, tingling, cognitive changes, and memory loss are documented effects; studies show up to 70% of electrical injury survivors report neurological symptoms months or years after the accident
• Cataracts: accelerated cataract development is a documented long-term effect of electrical shock, and an ophthalmological exam at the time of injury creates a baseline that links later cataract development to the accident rather than aging or a pre-existing condition
• Psychological Effects: PTSD, depression, and anxiety are compensable damages in Texas personal injury cases and are documented outcomes of electrocution.

Delayed Injuries and Documentation Gaps

A medical record limited to the first ER visit understates the full extent of an electrical injury. Insurance adjusters routinely use discharge records from that first visit to argue the injury was minor and the recovery complete, and a gap in follow-up documentation gives them room to do it.

Documenting the full injury trajectory, from the acute event through months of follow-up, is something Adam Loewy coordinates alongside treating physicians from the start of representation. The two-year statute of limitations under CPRC § 16.003 runs from the date of the accident. Delayed symptoms do not extend that deadline, which is one reason getting medical documentation started immediately after an electrocution is a priority.

Key Texas Laws in Electrocution Injury Cases

Texas law gives injured workers and accident victims a clear path to recover damages from negligent parties, but the rules that govern who pays, how much, and for how long vary depending on the facts of the case. The sections below cover the statutes that apply most directly to electrocution injury cases in Austin.

Negligence and Modified Comparative Fault

Texas CPRC § 33.001 allows an injured person to recover damages as long as their percentage of responsibility for the accident does not exceed 50 percent. If a jury finds the injured person 30 percent at fault and the defendant 70 percent at fault, the injured person recovers 70 percent of the total damages awarded. CPRC § 33.013 governs how liability is divided when more than one defendant is responsible. Each defendant pays their proportionate share, and joint and several liability applies only when a defendant’s share exceeds 50 percent.

In electrocution cases with multiple defendants, a property owner, a general contractor, and an equipment manufacturer for example, each party will work to push as much of the fault as possible onto the others and onto the injured person. Texas modified comparative fault rules mean that fault distribution directly affects what you can recover, which is why building a documented liability picture from the beginning of the case is a priority.

Damages in a Texas Electrocution Case

Texas personal injury law allows recovery across three categories of damages.

Economic damages cover the financial losses tied directly to the injury:

• Past and future medical expenses
• Lost wages and reduced earning capacity, including long-term losses if neurological or cognitive damage affects the ability to return to the same occupation
• Rehabilitation costs
• Home modification costs when permanent impairment changes daily living needs

Non-economic damages cover the personal losses that don’t come with a price tag:

• Physical pain and suffering
• Physical impairment and disfigurement, both of which are separately recoverable categories under Texas law
• Mental anguish

Texas caps non-economic damages in medical malpractice cases but does not cap them in standard personal injury cases against private parties.

Exemplary Damages

Exemplary damages, also called punitive damages, are available in electrocution cases when the defendant’s conduct rises to gross negligence. Under CPRC §§ 41.001–41.003, gross negligence means an act or omission that, when viewed objectively, involves an extreme degree of risk, and the defendant had actual awareness of that risk and proceeded anyway. Proving gross negligence requires clear and convincing evidence and a unanimous jury verdict, which is a higher bar than standard negligence.

CPRC § 41.008 caps exemplary damages at the greater of:

• Two times economic damages, plus noneconomic damages up to $750,000
• $200,000

The cap does not apply to conduct constituting one of a specific list of enumerated felonies under § 41.008(c), including murder, aggravated assault, and aggravated kidnapping. Standard safety failures, even those rising to gross negligence, remain fully subject to the cap.

Wrongful Death and Survival Actions

When an electrocution accident is fatal, Texas law provides two separate paths to recovery for the family.

Wrongful Death Claim

A wrongful death claim under CPRC § 71.004 is brought by the surviving spouse, children, or parents of the deceased. Recoverable damages can include the financial support the deceased would have provided, loss of companionship and consortium, mental anguish, and funeral and burial expenses.

Survival Action

A survival action is brought by the estate of the deceased under CPRC § 71.021 and covers the physical pain and mental anguish the deceased experienced between the injury and death. The two claims are independent and can be pursued at the same time.

If Austin Energy or another City of Austin entity is involved, the proprietary function classification under CPRC § 101.0215(b) means standard liability rules apply. An attorney should evaluate the specific facts and notice requirements before proceeding.

Deadlines to File an Injury Claim in Texas

CPRC § 16.003 sets a two-year deadline for personal injury cases, running from the date of the injury. In a wrongful death case, the two-year clock runs from the date of death, not the date of the accident.

Claims against Austin Energy or any City of Austin entity carry a shorter deadline. Austin’s city charter requires written notice of a case within 45 days — the state’s default six-month window under CPRC § 101.101 does not apply to City of Austin entities.

Electrocution Injury While at Work

Austin’s construction activity puts a large number of workers near temporary electrical panels, overhead lines, and unfinished wiring every day. But construction sites are not the only high-risk environments. Electrocution injuries also occur in manufacturing facilities, oil and gas operations, warehouses, and other industrial settings. In any workplace electrocution case, identifying who is responsible requires a close look at who controlled the site, who supplied the equipment, and how the work was structured. Loewy Law Firm can evaluate the full picture of who may be liable for your injuries.

Working With Loewy Law Firm

In an electrocution case, two things need attention from day one: the medical record and the evidence at the accident scene. Property owners and employers have business reasons to restore operations quickly, and surveillance footage at commercial properties can have retention windows as short as 24 to 72 hours. At the same time, the medical picture of an electrical injury can take weeks to fully emerge, and the records generated during that time are part of what builds a case. Adam Loewy addresses both from the first day of representation, sending evidence preservation notices to responsible parties, retaining expert witnesses to inspect the scene and equipment, and working alongside treating physicians to document the full extent of the injury.

Every electrocution case is different. Some are premises liability cases, others product defect cases and some are a combination of employer negligence and third-party liability. Adam Loewy has the experience to evaluate every angle of an electrocution case and pursue the full compensation Texas law allows.

Loewy Law Firm takes the case on contingency, which means there is no fee unless you recover. Call (512) 280-0800 for a free consultation.

Frequently Asked Questions

Can I Sue if I Was Electrocuted at Work in Texas?

Yes, in most cases. If your employer opted out of workers’ compensation under Texas Labor Code § 406.002, you can sue the employer directly in tort. If your employer carries workers’ comp, you can still pursue a personal injury case against third parties whose negligence contributed to the accident, including property owners, general contractors, and equipment manufacturers.

My Employer Carries Workers’ Comp. Can I Still Sue Someone Else?

Yes. Workers’ comp bars a lawsuit against your direct employer, but it does not bar a case against contractors, property owners, equipment manufacturers, or other third parties who contributed to the accident. A third-party personal injury case and a workers’ comp claim can proceed at the same time.

How Long Do I Have to Bring an Electrocution Injury Case in Texas?

Texas CPRC § 16.003 gives you two years from the date of injury, and two years from the date of death in a wrongful death case. If a government entity like Austin Energy is involved, Austin’s city charter requires written notice within 45 days.

I Didn’t Go to the Hospital Right Away. Does That Hurt My Case?

A gap in medical treatment gives insurance adjusters room to argue the injury was minor, but a delayed visit does not end a case. Getting evaluated as soon as possible creates the documentation that connects the injury to the accident, including delayed symptoms that may develop over days or weeks.

How Do I Know if the Electrocution Was Caused by Negligence?

Negligence means someone owed you a duty of care, failed to meet it, and that failure caused your injury. In electrocution cases this can mean a property owner who knew about faulty wiring and did nothing, an employer who violated OSHA electrical safety standards, or a manufacturer who sold defective equipment. An attorney can evaluate the circumstances and identify which parties may be responsible.

What Damages Can I Recover for an Electrical Shock Injury in Texas?

Texas personal injury law allows recovery for medical expenses, lost wages, reduced earning capacity, rehabilitation costs, physical pain and suffering, physical impairment, disfigurement, and mental anguish. In cases where the defendant’s conduct rises to gross negligence, exemplary damages are also available.

Can I Still Recover Damages if I Was Partially at Fault for the Accident?

Yes, as long as your percentage of fault does not exceed 50 percent under Texas CPRC § 33.001. A finding of partial fault reduces the total award proportionally, and defendants in electrocution cases routinely attempt to push blame onto the injured person, which is why documenting liability from the start of the case is a priority.

What Should I Do Right Now if I or a Family Member Was Electrocuted?

Get medical attention first and request a full evaluation that includes cardiac monitoring, since electrical injuries can produce delayed symptoms that need to be documented as they develop. Do not give a recorded statement to any insurance company before speaking with an attorney. Call Loewy Law Firm at (512) 280-0800 for a free consultation.