What are Examples of Wrongful Death?

What are Examples of Wrongful Death?
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Wrongful death in California happens when an individual’s death is directly caused by someone’s negligence. The state’s laws allow the deceased’s dependents or heirs to file a lawsuit against those at fault.

This civil action is distinct from any criminal charges the responsible party might face, focusing instead on compensating the deceased’s family for their losses.

Motor Vehicle Accidents

Vehicle accidents are arguably the most common types of wrongful death. For instance, a family could file a wrongful death claim against a drunk driver who caused a fatal accident involving their loved one.

Medical Malpractice

Healthcare providers can be held liable if their negligence leads to death. Examples of wrongful death related to malpractice include a misdiagnosis, failure to diagnose, or surgical error that directly results in the patient’s death.

Workplace Accidents

Employers are responsible for ensuring a safe work environment. If this duty is neglected, resulting in death, the employer can be held accountable. For example, if a construction worker dies from a fall due to lack of proper safety gear or because the company cut corners, the employer could be sued for wrongful death.

Product Liability

Manufacturers and distributors can be liable if their defective products cause death. For instance, if an airbag fails to deploy during a car accident and the driver dies, the manufacturer of the product might be sued for wrongful death by the victim’s family.

Premises Liability

Property owners have a duty to ensure their premises are safe. If a visitor dies due to unsafe conditions, such as a fall caused by a slippery floor that should have been cleaned or marked with warning signs, the property owner can be held responsible.

In some cases, multiple parties may be held liable in a wrongful death.

For instance, if a car accident is caused by both the driver’s negligence and a faulty road design, both the driver and the government agency responsible for maintaining the road could be sued.

Other wrongful death examples that may have multiple liable parties could be a construction accident. If an employee dies due to faulty equipment, both the employer and the manufacturer of the equipment may be held accountable.

In order for a wrongful death lawsuit to be successful, it must be proven that the liable party breached their duty of care and this breach directly caused the victim’s death.

If you believe that your loved one’s demise was caused by someone’s wrongful act or negligence, consult with an experienced wrongful death attorney immediately.

Call our California personal injury lawyers today for a free consultation.

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