A wrongful death claim is based on a statute, that permits a civil lawsuit by the heirs of a person who was killed by another person or entity’s wrongful or negligent act. This article discusses what a plaintiff must need to prove in order to win a wrongful death case based on a defendant’s alleged negligence. But what is considered a “wrongful death”? Well, negligence is considered a Wrongful Death Case.
Although the damage done in a wrongful death case will be different from those available in a standard negligence case, a plaintiff will always need to prove the same elements in either kind of lawsuit. These elements include duty, breach of duty, causation, and damages.
For a defendant to be liable for negligence, the defendant needs to have owed the decedent a duty of “due care.” Though the exact definition of due care will vary depending on the facts of the case, it is essentially the duty of the defendant to do something to keep another person safe or refrain from causing harm to another person. In a wrongful death case, it’s the judge, not a jury, that will decide if the defendant owed a duty of due care.
Proving Breach of Duty
If a duty is determined to exist, the plaintiff must present all evidence that the defendant breached that duty. Let’s say the plaintiff presents evidence that the defendant was not paying attention to the road when they struck the decedent. Failing to pay attention to the road is not something a reasonably prudent driver would do, and by doing so, they breached the duty of due care in this particular situation.
The plaintiff then needs to prove that the breach of duty actually caused the decedent’s harm. Using the same example above, the plaintiff must prove that it was actually the defendant’s car that struck the decedent and not some other vehicle.
Along with breach of duty and causation, the plaintiff must finally prove that the decedent actually suffered damages. In a wrongful death case, if breach of duty and causation exist, damages will be presumed for obvious reasons.
Claims for Dangerous Childcare Products
We don’t think about it, but many consumer products aren’t as safe as they may seem. Many products on the market can cause serious harm to unsuspecting users of all ages. And though most items sold come with warning labels to make us aware of any pending dangers, defective products are a wild card. This can be even more horrifying when one’s own child is the victim. Parents can have no way of knowing, but the most recent childcare product they purchased can lead to some of the most common causes of injury from lead paint poisoning, age-inappropriate, defective, or items that are choking hazard.
And most child caretakers have no way of knowing their child is in danger from these products until it’s too late. Products are only recalled when a child has already been injured. It’s the manufacturers responsibility to their consumers to place safe products into the stream of commerce. When a child (or user of any age) is injured due to a dangerous product, you need to take action against the manufacturer and hold them liable for injuries caused by their defective products. Because if the design or manufacturing of the product is defective, the product was a danger to any consumer after it left the manufacturer’s possession.
To make a case, a consumer would need to prove that their childcare product had either a manufacturing or design defect. No amount of care a manufacturer put into their manufacturing or design of a product can distance them from the negligence; if it’s faulty, they’re still held to strict liability standards. This falls under a negligence theory and the manufacturer owes the consumers it hurts some sort of peace of mind
If this has happened to you or your loved ones, be sure to file your claim within four years of the incident. Having a trusted attorney who specializes in these claims will help fight for you and what you deserve. Taking legal action will not only give you what the manufacturers owe you but also the safety they must provide for the rest of their consumers.
Mass Transit Personal Injuries
The number one serious cause of injuries and deaths is always going to be transit related. Year after year, the statistics for transit-related casualties rank high, with hundreds affected in the United States along last year. This of course includes all types of mass transportation: taxis, buses, ferries, subways, and trains. Each accident case has several factors playing into it, therefore it takes careful delegacy to handle them.
Sure, the state and federal laws regulate most public carriers very closely with laws that hold carriers to a very high obligation of care to their passengers.
These laws force common carriers to take special measures in avoiding injuries to passengers:
All entryways and exits are open and safe
Security is provided where necessary
Qualified personnel operating the vehicles
Vehicles are maintained and up to code
But with millions of average people using them at daily, anything can happen. Think of how many hundreds of people utilize the subway system in New York City alone every day, let alone the bus and taxi systems in that same city? Each citizen places trust in their transit and needs to feel safe. But once an accident happens, all that trust and feeling of safety can be forgotten. This can have lasting effects on someone who’s been in a transit accident, and they need someone to help fight for what is owed to them.
If you or your loved ones have ever been injured in a mass transit accident, you want to seek an experienced personal injury attorney who will fight to protect your rights and pursue compensation for what you endured. Most mass transit systems are operated by governmental agencies and require special care when taking them to court. You wouldn’t walk into something you’re not prepared for, so why not prepare yourself with an attorney who knows how to save you?
Swimming Pool Liability
Pool owners, whether public or private, are prone to face potential liability if a swimmer or visitor is ever injured. Though the owner is not automatically liable for any injury that occurs in or around the pool, it never hurts to know the laws and other factors affecting when liability for a pool injury does and does not exist.
Premises Liability Rules
First of all, premises liability law is the body of law which makes the person who is in possession of land or premises responsible for certain injuries suffered by persons who are present on the premises. Due to a pool is a part of the property it’s located on, premises liability rules will typically apply in a pool injury lawsuit.
This law refers to three types of “entrants” on the premises (trespassers, licensees, and invitees) and how the owner is responsible for each type of entrant. Of course, whether the pool is public or private, the owner’s first duty within the law is to make the pool area reasonably safe.
Now you may wonder how a pool owner is responsible if a trespasser becomes harmed in their pool. This applies to trespassers who are the age of a child. Pool owners should be obligated to keep their pool safe from young children who could drown. This nuisance doctrine will vary from state to state, but it’s always smart to make sure access to your pool area is secure and safe and take whatever measure possible to prevent not only trespassing but the loss of life that may occur when people trespass.
Personal liability is when a financial obligation for which an individual is responsible and which may be satisfied out of his or her assets. When it comes to personal liability, premises liability rules will not apply. This is if the lawsuit is based on an injury caused by the defendant’s intentional or negligent behavior while also using the pool. For example, if the defendant playfully pushes the plaintiff in the pool and the plaintiff doesn’t know how to swim, they could sue for negligence or possibly battery.