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

"Given the history of violence in their parking lots," a wrongful death lawsuit claims, "and Wal-Mart's [sic] knowledge they were not employing adequate security measures, it was foreseeable to Wal-Mart that the Plaintiff would be attacked in their parking lot and sustain serious injury or death."

That's the legal argument a widow is making against the megaretailer, and it may be difficult for Walmart to refute. Recent years have seen a crime wave at Walmart locations, from the serious to the silly. This time it was Fadil Delkic who was shot and killed after an argument in a Snellville, Georgia Walmart parking lot.

Newborn Wrongful Death Lawsuits

Melanie Sanders was born prematurely, but otherwise healthy, in August 2016. She was given a routine eye exam along with 43 other babies that month, and less than a month later she was dead. A medical journal report published last year found that Melanie was one of 23 other infants who contracted adenovirus infections while undergoing the same eye exam in Children's Hospital of Philadelphia's neonatal intensive care unit.

Melanie's family is now suing the hospital for wrongful death, alleging she went into respiratory distress and developed a fatal bacterial infection on top of the viral illness, and that negligent medical professionals are to blame.

Family Sues Police for Taser Wrongful Death

Police use Tasers instead of traditional guns, based on their supposed temporary infliction of pain. However, numerous police suspects have died or suffered permanent brain damage when stunned. A family in Daly City, California has sued the local police department for wrongful death after one of its officers used the Taser to subdue 38 year-old Warren Ragudo, who was suffering from a drug induced mental crisis.

Family members called the police for help that fateful night, and they witnessed the police killing the man they had asked to be saved. The local district attorney's office declares that the use was justified, and will not prosecute the officer. Therefore, the only legal recourse for the family is in civil court.

"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.