Who is Liable if You Get Hurt at an EV Charging Station?

While electric vehicles (EVs) haven’t been as popular in Texas as in other parts of the country, recent trends indicate that the number of electric vehicles operating in the Houston area is increasing at a rapid pace, and analysts expect the trend to continue. These vehicles require regular charging to support the power supply, and charging is supposed to be accomplished through an electrical outlet with far more power than a standard household outlet.

Electric vehicles are usually powered at dedicated EV charging stations. Retailers who hope to lure EV owners to shop on their property often provide free or low-cost EV charging stations. Other charging platforms are found in public parking areas, gas stations, or private residences. 

EV charging stations can be hazardous for a number of different reasons, so it is important to understand who could be liable if you get hurt at an EV charging station. An attorney could review the specific details of your incident to provide a list of potentially liable parties, but for general background, here are some parties who could be held legally responsible and required to pay compensation for injuries in an EV accident.

How Injuries Commonly Occur at EV Charging Stations

There are many dangerous features associated with EV charging stations. The high level of electrical current in outdoor settings can lead to problems, of course, but other aspects of charging stations can also pose hazards. Injuries frequently occur because of factors such as:

• Electrical malfunctions. If a charger is defective, not installed properly, not grounded, or damaged by weather or vandalism, it can cause serious shock injuries, including burns, internal injuries, and heart damage.
• Tripping hazards. Disorderly charging cables can pose a tripping hazard, particularly in crowded or poorly lit areas. Someone who is not interested in charging a vehicle but just trying to get onto the sidewalk could fall and suffer serious injuries.
• Negligent security. When an EV charging station is placed in an area with frequent criminal activity but lacking lighting or other basic security measures to protect users, those users could be attacked by criminals lying in wait.
• Fire. When a charging station is not properly installed or manufactured, it can pose a fire hazard

Regardless of who is liable or where the injury occurred, the most important priority after an EV charging-station injury is to get medical attention as quickly as possible. Explain to the doctor that you’ve been hurt in an accident so that they know to check for signs that may not be immediately obvious, such as internal injuries caused by electrical current.

Parties that Could Be Liable for Injuries at an EV Charging Station

There are different legal theories that could be used to hold individuals or companies liable for the injuries that occur at an EV charging station, depending on the circumstances. It may take extensive investigation to determine what triggered the injury and which party’s negligence makes them legally liable for the outcome. To hold someone responsible, it will be necessary to gather and preserve extensive evidence and build strong legal arguments to establish liability.

The Property Owner Could Be Liable

The theory of premises liability holds property owners and managers liable for harm that occurs on their property in certain situations. That is because property owners have an obligation to keep their premises safe for those they invite onto the property, particularly when people are encouraged to come onto the property to spend money or do something else that provides an economic benefit for the property owner. If something dangerous on the property could foreseeably cause harm to customers and the owner or manager doesn’t take adequate steps to protect customers or other invited guests from harm, then the owner could be liable if that dangerous feature causes injuries.

Generally, it will be necessary to prove that the property owner knew, or should have known, of the dangerous condition. For instance, if someone stretches a charging cable across the sidewalk to create a tripping hazard and a shopper is injured 30 seconds later, the owner has not had enough time to become aware of the situation and is obligated to correct it.

However, if the station is set up in such a way that the charging cables are always lying in a tangled heap that blocks access to the sidewalk, and it is impossible to avoid them, then it could be argued that the property owner had constructive notice of the tripping hazard and should have taken steps to remove or decrease the danger. To fulfill the property owner’s duty to protect shoppers, it might be sufficient to put up a device that the cable could be hung up on with a sign telling users to hang up the cable and warning other shoppers of loose cables. 

What a property owner is required to do to protect invited guests will vary according to the situation. The same holds true if the hazard is a damaged electrical cord that poses an electrocution hazard or a lack of lighting that poses a security threat.

The Company That Manufactured the Charger Could Be Liable

When an injury occurs due to equipment defects, the manufacturer or other parties connected with the product may be liable under the theory of product liability. In many cases, if a defective product causes an injury, it is not necessary to prove that anyone acted negligently. Manufacturers can be held strictly liable for injuries caused by their products.

The Company That Installed or Maintained the Charger Could Be Liable

If the charger was not installed in accordance with the appropriate guidelines and the improper installation caused electrocution or other injuries, the installer could be legally responsible for the injuries. Or if a company contracted to inspect and maintain the charger and failed to follow safety standards, that company could be liable.

DeKeyzer Law Fights for Full Compensation for Accident Victims

When you’ve been hurt because someone else failed to live up to their obligation to act responsibly, you may not care why it happened. You just wish it hadn’t.

At DeKeyzer Law, we understand what you’re going through. We can’t turn back time and prevent the injuries from occurring. However, we can fight to ensure that you recover the resources you need to move forward with your life after the injuries. Schedule a free consultation with us today to learn more about the assistance our team may be able to provide in your case.