Injured - The FindLaw Accident, Injury and Tort Law Blog

Wrongful Death

Wrongful Death claims are usually brought by the estate of a person who was killed due to fault of another. The most common plaintiffs are the surviving spouse or the children of the deceased. The wrongful death laws differ from state to state. Generally, the elements are the same and include a death of a human being which was caused either by negligence or the intent to harm. The surviving family members usually need to be suffering a monetary injury as a result of the death. A wrongful death lawsuit often ties in with other personal injury lawsuits including vehicle accidents or medical malpractice.


Recently in Wrongful Death Category

"Natalie started to eat hers and as she cut the chicken the chicken oozed red blood to which point I commented it looked bloody." Not the start you want to a meal while on vacation.

That was widower Stewart Rawnsley, describing food from a restaurant buffet in Corfu, Greece. His late wife, Natalie, immediately returned the chicken for another piece, but not before consuming a bite. That bite would turn out to be deadly, as Natalie's condition deteriorated from food poisoning to fatal over the course of that night. Natalie Rawnsley passed away less than 48 hours after consuming the uncooked chicken -- so what happened?

Lael Feldman, a singer who performed under the name Lael Summer, leapt to her death from New York City's George Washington Bridge last August. In September, the Port Authority of New York began installing the suicide barriers on the bridge. But those measures should've been taken earlier, according to a $100 million lawsuit filed by Feldman's parents.

The bridge is a "suicide magnet" according to the lawsuit, so will the Port Authority be liable for Feldman's suicide?

Normally after a mass shooting (and how awful is it that there is a 'normally' attached to 'mass shooting'), victims and their families are the ones that file lawsuits -- against the shooter, the gun-maker, the police, or the owner of the location. But in the wake of the horrific shooting at the Mandalay Bay in Las Vegas last year, the tables appear to have been turned.

MGM Resorts International, which owns Mandalay Bay and the concert venue where the victims were gunned down, has filed federal lawsuits asking judges to declare the resort company free from any liability in the shooting. Why the reversal?

They neither hover, nor are they boards, yet we persist in calling them hoverboards. And despite the Consumer Product Safety Commission's warning that no hoverboard is safe, we persist in buying them, riding them, extracting teeth while riding them, doing drive-by shootings from them, and, yes, dying from them.

Now the families of two girls killed in house fire started by a hoverboard that burst into flames while charging are suing the distributors of LayZ Board self-balancing scooters, seeking around $700,00 in damages.

In March, an Uber test vehicle hit and killed a pedestrian in Arizona while operating in "autonomous mode." The pedestrian, Elaine Herzberg, was crossing the street outside of a crosswalk when she was struck, and Uber announced that it would suspend all of its self-driving vehicles in cities where they were operating.

According to a 318-page report released by the Tempe Police Department last week, the vehicle's operator, Rafaela Vasquez, was allegedly watching Hulu on her phone at the time of the accident, and police have deemed the crash "entirely avoidable."

Gregory Hill, Jr., father of three children aged 13, 10, and 7, was shot and killed by two Florida sheriff's deputies in the garage of his home in 2014. According to official reports, deputies went to Hill's house in response to a noise complaint, and knocked on his front door at 3 p.m. After repeated knocking, Hill manually opened his garage door, then immediately put it back down. As the garage door closed, one deputy fired through the door, hitting Hill and killing him instantly.

The deputies claim Hill pointed a gun at them and refused orders to drop it. Other witnesses dispute that claim, and an unloaded firearm was allegedly found in Hill's back pocket after he was killed. Hill's family sued, and a jury awarded them $4: one dollar for funeral costs (which actually amounted to $11,000) and another dollar each for Hill's three young children. That award was then reduced to nothing. How did it all happen?

In October 2016, an explosion at Mohawk Asphalt Emulsions in Glenville, New York sent two workmen to the hospital with serious burns. The alleged source of the explosion was workers using a blow torch to heat a holding-tank valve, which then ignited the vapors of liquid asphalt. Those two workers ultimately died from their injuries and Mohawk settled two citations for safety violations regarding the incident, paying the U.S. Occupational Safety and Health Administration $17,745 in fines.

Now Mohawk is being sued by the widow of one of the workers who died from the blast, who claims the company and its owners were negligent.

North Korea has been in the news a lot lately. From "Little Rocket Man's" missile testing to diplomatic talks between the North and South, and a potential meeting between President Trump and North Korean leader, Kim Jong Un, the hermit kingdom has garnered a lot of attention.

However, as the Korean War officially comes to an end, the parents of a student who died while imprisoned in North Korea are remaining steadfast in their own battle with the "rogue nation." The parents of Otto Warmbier filed a wrongful death lawsuit against North Korea, claiming their son was tortured and murdered.

Family Sues Resort Pool for Wrongful Death Drowning

There's a special pang of anxiety that the sight of a pool causes in the hearts of parents with small children. And with good reason, since there are countless stories of children drowning or being severely injured around them. One Ohio family experienced this nightmare last year when their four-year-old little girl drowned at a South Carolina resort. Now, the family is suing the resort pool for wrongful death.

State Exempt From Lawsuit in Wrongful Death Case, Wyoming's Highest Court Rules

It's unfortunate when someone dies as a result of an accident. But, it's even more tragic when it seems like the accident could've been prevented. For example, when a 7-year-old girl was killed by a driver who had a valid driver's license despite also having a visual handicap, it would seem like the license issuing authority should be held responsible. Well, according to the Wyoming Supreme Court, the state transportation department is exempt from being sued for wrongful death.