$2,300,000 Wrongful Death Settlement — Ellis County Construction Electrocution

Our industrial accident lawyers recovered $2,300,000 for the mother of a 27-year-old man killed when a boomlift contacted energized overhead power lines at a construction project in Ellis County, Texas. The settlement resolved wrongful death claims against the subcontractor that deployed the decedent to the site and the property owner that controlled the premises where the electrocution occurred.

What Happened

The decedent was a 27-year-old man working as an independent contractor at a construction project in Ellis County. While working next to a boomlift — a vehicle-mounted aerial work platform that extends a boom and bucket to elevated positions — the equipment contacted energized overhead power lines. The resulting electrical contact was fatal.

Overhead power line strikes by construction equipment are not accidents. They are the predictable result of deploying equipment capable of vertical and lateral movement near energized lines without first securing clearance, establishing exclusion zones, or requesting de-energization from the utility. That sequence of failures is what Texas and federal law exist to prevent.

Who Was Sued and Why

Greenberg Streich brought wrongful death claims against two defendants: the subcontractor that deployed the decedent to the project and directed his work, and the property owner that controlled the construction site.

The Subcontractor. The subcontractor engaged the decedent as an independent contractor and placed him on a job site where energized overhead power lines posed a known hazard to boomlift operations. Under Texas Health and Safety Code Chapter 752, any person or company responsible for work closer to a high-voltage overhead line than the distances the chapter prescribes must notify the utility operator at least 48 hours before work begins and negotiate a satisfactory arrangement, whether that means de-energizing the line, relocating it, or installing mechanical barriers to prevent contact. The subcontractor’s failure to take those steps before positioning a boomlift near active power lines put the decedent in a lethal position with no protection.

The Property Owner. Texas law does not give property owners a free pass when contractors are killed on their premises. Under Texas Civil Practice and Remedies Code Chapter 95, a property owner can be held liable for injuries to a contractor or subcontractor if the owner exercised or retained control over the manner in which the work was performed and had actual knowledge of the dangerous condition. Overhead power lines crossing or adjacent to a construction site are a condition the property owner knows about. When a property owner sends workers to operate aerial equipment on a site crossed by energized lines and takes no steps to address the hazard, Chapter 95’s requirements can be satisfied. A property owner who knows about a high-voltage powerline and directs contractors to proceed with work nearby may be found to have actual knowledge of the hazard and exercise the requisite control.

The “Independent Contractor” Label Does Not Close the Door

Defense counsel in cases like this commonly argue that because the decedent was classified as an independent contractor rather than an employee, the defendants owe him reduced or no duty of care. That argument does not hold up.

The Texas Wrongful Death Act, Tex. Civ. Prac. and Rem. Code §71.004, gives the surviving spouse, children, and parents of a deceased person the right to sue for their own losses when that person is killed by another’s wrongful act, neglect, carelessness, or default. The mother’s right to sue depends on whether her son was killed by a wrongful act, not on how the subcontractor classified his employment status. His classification as an independent contractor does not extinguish her claims.

On the premises liability side, Texas courts have consistently held that the duty a property owner owes to those on its land does not disappear because the injured person was labeled a contractor rather than an employee. What matters under Chapter 95 is whether the owner controlled the work and knew about the hazard, not how the worker was classified on a tax form.

The Law Governing Equipment Near Power Lines

Two bodies of law impose clear duties on construction companies deploying aerial equipment near energized lines.

Texas Health and Safety Code Chapter 752 prohibits operating equipment, including cranes, derricks, drilling rigs, aerial lifts, and similar machinery, within 10 feet of live overhead high-voltage lines without first securing a clearance arrangement with the utility. The responsible party must notify the utility at least 48 hours before work begins and reach a written agreement for de-energization, relocation, or mechanical barrier installation. A violation of Chapter 752 that results in contact with a high-voltage line carries civil liability under §752.008.

OSHA 29 C.F.R. §1926.1408 imposes minimum clearance requirements for construction equipment operations near power lines. Before a boomlift or similar equipment operates within 20 feet of a power line, the employer must choose one of three compliance paths: confirm de-energization and visible grounding by the utility, maintain a 20-foot clearance using documented precautions, or determine the line’s voltage and maintain the Table A minimum approach distance. The standard also requires pre-work planning, spotter deployment, and exclusion zone establishment. Those requirements exist because the consequences of contact with an energized line are immediate and typically fatal.

Construction Electrocution Is One of Texas’s Most Preventable Tragedies

Electrocution is one of OSHA’s Fatal Four construction hazards, alongside falls, struck-by incidents, and caught-in events. Together the Fatal Four account for more than 58 percent of all construction deaths. In 2024, electrocution claimed approximately 8.4 percent of the 1,069 construction workers who died on the job nationally.

Texas is not insulated from that toll. The Texas Department of Insurance’s 2024 Census of Fatal Occupational Injuries recorded 24 Texas worker deaths from exposure to electricity in 2024, in a year when the state led the nation in total workplace fatalities. Construction accounted for 24 percent of all private-sector workplace fatalities in Texas that year, more than any other industry. Ellis County sits in the heart of North Texas’s fastest-growing construction corridor, where the pace of development has consistently outrun the pace of safety planning.

Every one of those deaths was preventable. The regulatory framework governing power line clearance is not complicated. It requires notification, coordination, and documented clearance before work begins near energized lines. When companies skip those steps, workers die.

What a Mother Recovers Under Texas Wrongful Death Law

Texas Wrongful Death Act damages are personal to each beneficiary. For a surviving parent, recoverable losses include mental anguish, loss of companionship and society, and the reasonable contributions the child would have made. There is no cap on wrongful death damages in Texas.

A 27-year-old man represents a full working life ahead. The loss his mother suffered is not measured only in financial terms. Texas law recognizes both the economic and human dimensions of that loss, and Greenberg Streich built the damages case accordingly.

If you or a family member lost a loved one in a Texas construction electrocution or workplace accident, Greenberg Streich Injury Lawyers offers free, confidential consultations. You pay nothing unless the firm wins. Call 832-583-3471 or contact us to speak with an attorney.

Frequently Asked Questions

Can a mother sue for her adult child’s death in Texas?

Yes. Under Tex. Civ. Prac. and Rem. Code §71.004, surviving parents are recognized wrongful death beneficiaries and may sue for their own losses regardless of the child’s age.

Does the “independent contractor” label prevent a wrongful death claim?

No. The Texas Wrongful Death Act covers deaths caused by wrongful acts regardless of how the decedent was classified. Employment status does not extinguish a parent’s wrongful death claim.

Can a property owner be sued when a contractor is electrocuted on their site?

Yes, under CPRC Chapter 95, if the owner exercised control over the work and had actual knowledge of the dangerous condition, such as energized overhead lines near construction equipment.

What does Texas law require before operating a boomlift near power lines?

Texas Health and Safety Code §752.003 requires 48-hour notice to the utility and a written clearance arrangement, including de-energization, relocation, or barrier installation, before work begins near high-voltage lines.

What damages can a mother recover for her son’s wrongful death in Texas?

Recoverable damages include mental anguish, loss of companionship and society, and pecuniary losses. Texas imposes no cap on wrongful death damages in construction cases.

How long does a family have to file a wrongful death lawsuit in Texas?

Two years from the date of death. That deadline is strict. Evidence disappears and witnesses’ memories fade, so an attorney should be consulted immediately after the death.

Families Who Lost a Loved One at a Texas Construction Site: Know Your Rights.

Texas law gives families the right to hold construction companies and property owners accountable when unsafe conditions kill workers. The attorneys at Greenberg Streich Injury Lawyers have recovered over $400 million for injured Texans and their families, including a $37.5 million wrongful death result. The firm charges no fee unless it wins, and the consultation is free and confidential. Families dealing with a construction fatality in Texas should call 832-583-3471 or contact us before the evidence disappears.