Losing a loved one due to another person’s negligence can be unbearable. Premature and unexpected deaths often leave overwhelming burdens to the surviving loved ones. Before the law, unprecedented acts that result in the death of a person are referred to as wrongful deaths.
Wrongful death occurs when a party acts recklessly, negligently, and with disregard for one’s safety, and as a result, a person dies. There are several common causes of wrongful death. Below are common causes of wrongful death and how one can defend themselves in such cases.
This is the most common cause of wrongful death. Car accidents occur in various ways. According to the National Highway Traffic Safety Administration, over 40,000 people lose their lives on roadways in the US annually. It is the motorists’ responsibility to obey traffic and road safety rules, be mindful of other road users, and drive carefully as directed by law.
It is important to note that wrongful death cases can be filed against several parties in a car accident. For example, an automobile company can be sued for defective tires, breaks, seats, and other car parts that contributed to the cause of the accident and the extent of the injuries.
Similarly, a careless driver can also be sued for causing the accident. You might want to consider hiring a wrongful death attorney in Columbia if you have lost a loved one to wrongful death.
This is defined as a case of professional negligence by medical practitioners such as doctors, nurses, or surgeons. Severe cases of medical malpractice result in death. In that case, the family of the deceased can file a wrongful death lawsuit.
In a wrongful death case that involves medical malpractice, several parties can be sued. For instance, the individual doctor that caused the death of the victim can be sued. Similarly, the host company or hospital the doctor is working for can face the same charges.
Accidents at the Workplace
Many people have lost their lives due to accidents at their workplaces. Anyone can get involved in a catastrophic accident while at work. Some common workplace accidents include slip and falls, burns, explosions, and equipment malfunctioning. Some of the common worksites where wrongful deaths tend to occur include manufacturing plants, construction sites, quarries, and mining locations.
You can file a wrongful death lawsuit against an employer if your loved one loses their life due to an accident at work. It is the obligation of an employer to meet the work safety regulations. Failure to do so, they are liable for the death of any employee that occurs at work.
Product liability is a law that holds distributors, manufacturers, retailers, and suppliers liable for the products they sell to consumers. If a product sold to consumers is defective, then the manufacturing company is responsible for any death caused by that product’s consumption.
Product liability is categorized into three main categories:
- Manufacturing defect
- Design defect
- Failure to warn consumers of product defects/ lack of warning labels
In a wrongful death case involving product liability, the plaintiff must prove how the manufacturing company breached the duty owed and how it caused the victim’s death.
Just like car accidents, airplane accidents are among the most common causes of wrongful death. It is usually more catastrophic in airplane accidents than road accidents. Chances of survival in airplane accidents are lower than that in car accidents. With airplane accidents, a wrongful death lawsuit can be filed against the airline company or airplane manufacturer.