The scientific community has aimed to provide a definitive answer to this question for many years. However, there is still not complete unanimity on whether exposure by proximity to power lines, any radiation from power lines, or other electromagnetic fields (EMFs) can cause health issues.
Some studies have found a correlation, while others have found no correlation. There have been a number of lawsuits regarding exposure by proximity to power lines. Some exposures have resulted in large awards of money damages to some individuals’ for their injuries.
To the extent that there is consensus on this issue, it is that EMFs occur naturally. They also come from human-made sources. Scientists and oversight agencies generally agree that low-frequency EMFs do not pose any significant danger to human health.
What Kind of Injuries Can Power Lines Cause?
Studies deviate widely on whether exposure to power lines and EMFs causes physical injury or illness. Concerns about proximity to power lines and cancer heightened after a 1979 study found a relationship between proximity to power lines and the susceptibility of children to cancer. However, other later studies failed to find an association or found an association only in homes with very high levels of magnetic force, which is a rare phenomenon, according to the National Cancer Institute.
In 2005, researchers at Oxford University found a correlation between the distance from power lines and the susceptibility of children to cancer in Britain. Since that time, other researchers have further studied this association. One such additional study was the California Power Line Study, which was published in the British Journal of Cancer. The authors in this study were not able to conclude that there is an increased risk of childhood cancer for children who live 164 feet or more from power lines based on the evidence they gathered. At most, researchers found weak support for an increased risk of childhood cancer for those who live within 164 feet of power lines.
Here are a few of the conclusions from studies that have discovered a strong link between proximity to power lines and health problems:
- Cancer: Exposure to power lines has been connected to cancer. Brain cancer is the most common type, but associations with breast cancer and leukemia have also been claimed;
- Tumors: Some studies have shown associations between brain and other cancerous tumors and exposure to power lines.
- Miscarriages;
- Increased susceptibility to illnesses such as cancer;
- Depression;
- Electric shock;
- Electrocution.
The fact is that the most significant injury a person is most likely to suffer comes about because of actual contact with a live power line. This can deliver a potentially fatal electric shock to a person. For example, a person in Alabama was awarded $1.5 million for injuries he suffered when his car came into contact with low-hanging power lines while the person was engaged in paving a highway.
As a result of contact with the power lines, the victim was subjected to 7,600 volts through his right arm, permanently disabling it and leaving him in constant pain. The victim sued the power company for negligence because the lines were hung too low and not properly maintained and inspected. National standards require power lines that carry a certain amount of power to be hung at least a certain distance from the ground. The power lines in question, in this case, were below the required height.
What Are Ultrahazardous Activities in Connection With Power Lines?
Downed power lines can cause severe injuries or even death. Power lines may be downed in a storm or car accident and can generate fires and electrical shock. When power line mishaps are caused by a lack of maintenance, improper repair, or other faulty work on the part of a power company, legal accountability for injuries may lie with the company.
What Types of Injuries Can Downed Power Lines Cause?
Typical injuries caused by electric shock delivered by downed power lines may include:
- Burns;
- Concussions;
- Broken bones;
- Spinal cord damage;
- Heart injuries;
- Cognitive difficulties;
- Loss of motor coordination;
- Many others.
Suppose a person suffers injuries because of a downed electrical line. In that case, they may have a cause of action for negligence against the power company if it did not do what was required to take care of the related infrastructure.
What Are Dangerous Instrumentalities?
Generally, to evade liability for negligence, a person or a company must use reasonable care to ensure that others are not harmed by their actions. But the standard of care demanded when dealing with power lines and other hazardous activities is higher.
For example, California law imposes a duty of extra caution on people and companies that deal with hazardous instrumentalities or individuals engaging in activities with a high-risk level.
To resolve whether an activity is ultrahazardous, courts consider factors including:
- Whether there is a high threat of harm to individuals or property;
- The likelihood that injury will result from the activity;
- Whether the actor is unable to stop risk by using reasonable care;
- Whether the action is unusual or not usually carried on by a large percentage of the public;
- The unsuitability of the environment in which the activity is being carried out; and
- The value of the activity to the community weighed against the risk of the activity.
In California, power lines are deemed dangerous instrumentalities. Therefore, power companies and repair workers must be cautious when dealing with power lines and transmission equipment where they are reasonably likely to cause injury to individuals or property. When building, insulating, examining, maintaining, and fixing power lines, they must take additional cautiousness. The failure to use excessive caution may constitute negligence. The same is undoubtedly true in most other states as well.
What Are the Duties of a Power Company?
To mitigate liability, a power company can either insulate power lines or locate them where they will be harmless. The power company has to make electrical wires safe under the circumstances. When the wires may contact individuals or property, this duty means that they must either insulate or relocate them.
What Problems Will I Encounter if I Sue the Owner of the Power Lines?
Despite the fact that some studies connect exposure by proximity to power lines to various health ailments, courts generally do not reward victims in such cases.
There are many reasons why this is the case, as follows:
- Causation: It is hard to establish that exposure by proximity to power lines caused a particular illness. Numerous other factors can cause illness and disease, and there is no conclusive research that proves that mere exposure by proximity to power lines conclusively leads to illness or disease;
- Inconsistent studies: The inconsistent results of scientific studies of this issue lead many courts to question the validity of this claim;
- Nature of Illnesses: Some illnesses or diseases may take years to develop. Again, you would have difficulty establishing exposure to power lines that caused the illness to develop in the first place.
If a large number of people were to suffer from the same or similar ailments because of exposure to EMFs, they might be able to mount a class action lawsuit against a power company for compensation for their injuries.
Do I Need the Help of a Lawyer for Injuries Caused by Power Lines?
If you believe that you have been injured by power lines, you want to consult a class action lawyer. Your lawyer can review the facts of your unique situation and consult the appropriate experts whose opinions would be needed to win your case.
Making a case for injury caused by mere proximity to a power line would not be easy, and you need the help of a seasoned professional personal injury lawyer to have the best chance of success.
