When is a death a “wrongful death?” Simply put, a wrongful death is one which could have been prevented. Someone should have done something to prevent the events leading to the death of another or they did something that caused the death of another. Individuals or organizations may be held liable in a wrongful death lawsuit. A wrongful death can occur by omission or commission.
A wrongful death can occur if safety regulations were not followed. Faulty equipment is commonly a culprit in wrongful death. Equipment failure at the time of an incident may be the fault of the manufacturer of the equipment, failure to maintain equipment properly, or an individual’s failure to take equipment out of service when required by law, regulation, or recall.
Events leading up to a death may have occurred far away from the actual incident site and unbeknownst to those directly involved. Examples of this type of liability include food or drug safety concerns that have not yet come to light. Delayed manufacturer recalls are also an included concern.
The potential for significant injury or death may have been reasonably foreseen by a responsible party or parties.
There are many factors to consider when assigning responsibility and liability in the event of a death. Wrongful death may not be immediately obvious. An incident that at first appears to be a tragic accident may turn out to have many factors present that make the outcome completely preventable and without any concurrent liability by the deceased.
Consult our experts in wrongful death immediately following a death of a loved one. Our firm offers free consultation to review your circumstances and help determine liability in a death that could have been prevented.