Image Source

A few days ago, we were struck by the news of fashion designer Kate Spade’s passing. New York Police Department reported that she died as a result of suicide. NYPD sources also conveyed that a suicide note was found on the scene addressed to Spade’s daughter, which said something to the effect of “it’s not your fault.” The world is once again reminded about the somber reality of mental illness and suicide.

Over the years, we have seen successful celebrities and public figures are taken over by depression and take their own lives; and each time, it reiterates the gravity of the mental health problem we face as a society. Suicide is the 10th leading cause of death in the United States; 44,965 Americans die by suicide each year.

Risk Factors

It is important to note that there are certain people who are more likely to attempt suicide. One step towards addressing the problem is to familiarize ourselves with the risk factors. Here are some of them:

  • Mental disorders, especially mood disorders such as depression and bipolar disorder
  • Family history of suicide
  • Co-occurring mental disorder and alcohol/substance abuse
  • Previous suicide attempt
  • Impulsive and/or aggressive tendencies
  • Physical illness
  • Relational, social, work, or financial loss
  • Easy access to lethal methods, such as guns
  • Hopelessness
  • Unwillingness to seek help due to stigma attached to mental health disorders
  • Influence of significant people who have committed suicide – family members, peers, celebrities – via personal contact or inappropriate representations by the media
  • Isolation

Civil Liabilities

By definition, a person who has committed suicide has served as the direct cause of his or her death. However, there are civil cases in which family members hold someone else accountable for the suicide of their loved one. In such cases, the key question to ask is whether the defendant’s action or inaction is a significant factor in the deceased person’s suicide; in other words, whether the suicide is a normal outcome of the defendant’s action or inaction.

For example, a parent wants to sue a psychiatrist for not taking the necessary actions that could have prevented his son’s suicide. In this case, the parent may file a wrongful death claim against the psychiatrist if they believe that their son’s death is a result of the healthcare provider’s negligence. In a similar case, the family of a boy in Connecticut sued their town and school district for their son’s suicide, alleging that they failed to protect him despite their knowledge that the boy has been persistently bullied in school.

On the other hand, a parent whose child used their own firearm to commit suicide might be wondering if they are legally liable for their child’s death. Any person in legal possession and control of a firearm is immune from liability from a third person’s unlawful or criminal misuse of the firearm as long as (1) the third person was not authorized to use the firearm, and (2) the firearm was securely stored or a safety device was rendered at the time that the third person accessed it. However, a parent may be held liable if they had knowledge or reason to know, from the child’s past misconduct, that it was necessary to control and supervise the child to keep him from hurting himself or others.

The civil liability that surrounds suicide has a lot of gray areas, so it is important to seek expert legal advice on the matter.

None of the content on Hoganinjury.com is legal advice nor is it a replacement for advice from a certified lawyer. Please consult a legal professional for further information.


Would you like to discuss your legal matter?

PHONE

image description
Jack Morgan CALL US! 866-205-4971

We will assist in scheduling new and existing clients for all offices. For initial consultations we will ask you a few questions and then find the best time for you to talk to one of the lawyers that best fits your legal matter.

Call us or use the email form and we will follow up with you right away.

EMAIL

The Law Offices of Hogan Injury will provide you with personalized attention and guidance. Protecting your rights is our main objective. We have been representing clients for the past 30 years and our experienced team of attorneys will advise you of the legal consequences of every decision you take.