When a loved one dies due to someone else’s negligence, the loss is not only heartbreaking but often accompanied by complicated legal questions. Wrongful death claims provide a way for families to seek justice and compensation after such tragedies. One common area where these claims arise is in premises liability cases.
Below, our friends at Culpepper Law Group discuss the connection between wrongful death and premises liability claims and what families should know when pursuing these cases.
What Premises Liability Means For Victims
Property owners have the responsibility of keeping their premises safe for visitors and tenants. This duty varies depending on the status of the visitor—whether they are an invitee, licensee, or trespasser—but generally, owners must address hazardous conditions they know about or should have known about. Failure to do so can lead to accidents resulting in serious injury or even death.
Premises liability claims can arise from a variety of dangerous conditions such as slippery floors, broken stairs, poor lighting, or unsecured construction zones. When these hazards cause a fatal accident, the victim’s family may have grounds to file a wrongful death claim.
How Wrongful Death Claims Work
Wrongful death claims seek compensation for losses suffered by surviving family members after a death caused by negligence or intentional harm. The damages can include medical bills before death, funeral expenses, loss of companionship, lost wages, and emotional suffering.
The first steps towards getting compensation for a premises liability, wrongful death claim, is to prove that the owner of the property where the tragedy occurred, one, had a duty to maintain a safe environment, and two, breached this duty. It must also be shown that this breach directly caused the fatal accident. Evidence such as photographs, witness statements, inspection reports, and maintenance records are often critical in building the case.
Factors That Influence Premises Liability Cases
Several factors affect the outcome of premises liability wrongful death claims. For example, whether the property owner was aware of the hazard and failed to fix it in a timely manner can be crucial. Additionally, the type of property and the reason the victim was there—such as a customer in a store versus someone visiting a friend’s home—can influence liability.
Comparative negligence may also come into play, meaning if the victim is partly at fault for their own injury, the compensation could be reduced proportionally.
The Importance Of Legal Representation
Because wrongful death and premises liability laws vary by state and involve complex details, families should consult a wrongful death lawyer to discuss their case. An experienced attorney can investigate the circumstances, gather necessary evidence, and advocate for fair compensation.
While the loss of a loved one cannot be undone, pursuing a claim may help provide financial support and hold negligent parties accountable. Prompt legal action is important because these cases often have strict filing deadlines.
A legal professional can provide the family of a wrongful death victim with legal advice and guidance.
By working with knowledgeable advocates, families can focus on healing while their attorneys work toward justice.