Wrongful Death and Premises Liability: What You Should Know
Posted by Bob Edens & filed under Wrongful Death Lawyer .
Property owners, supervisors, and managers have the duty to keep a safe environment to make sure there are no hazards within the premises that can cause physical harm to people. However, due to the high replacement, maintenance, or repair costs of building materials, individuals in charge often try to cut corners by overlooking potential problems.
According to the Centers of Disease Control and Prevention, about 135,928 people die annually in the United States due to unintentional injuries, including slip and fall, exposure to harmful substances, and others. Most people suffer fatal injuries because of negligence and carelessness of others, which oftentimes lead to death. Surviving family members file a premises liability lawsuit against the responsible party to seek compensation for the wrongful death of their loved one.
Common Causes of Death Leading to Premises Liability
A broad array of premises liability lawsuits involving wrongful death are caused due to a number of factors, including:
Building collapse, including ceilings, porch railings, and porches
Day care injury
Electric fire
Exposure to harmful toxins and chemicals
Failure to properly repair, replace, or maintain different parts of the premises
Fire, smoke, or explosions
Inadequate lighting
Injury from water spills, flooding, or leaks
Negligent or missing security
Physical assaults or attacks
Slip and falls
Swimming pool accidents
Uneven surfaces, icy parking lots, slippery sidewalks, and unprotected potholes,
Violation of housing code or building code
How to File a Lawsuit against the Responsible Party
To file for a wrongful death lawsuit, you need to prove that the property owner or the person in charge was negligent and that their negligence led to the death of your loved one. You should keep in mind that the statute of limitations for wrongful death claims is two years from the date of death. You must file a lawsuit before this period expires, and while evidence can be easily gathered to support your case.
To prove premises liability against the property owner or person in charge, you will have to establish that:
They had a duty of care toward the deceased
They breached the duty of care by not acting like a responsible and reasonable property owner would under the same circumstances
They were negligent and it caused the death of your loved one
You suffered damages as a result of the death and have the legal right to be compensated
If your situation meets all the able criteria, you may have a wrongful death claim. It is best to work with an experienced attorney who can help you understand your rights, guide you through the legal process, and build a strong case to help you recover damages, such as:
Compensation for lost benefits
Funeral and burial expenses
Loss of companionship
Lost wages or income
Loss of consortium
Medical expenses before the death of the loved one
Generally, large insurance policies are in place to cover for premises liabilities, especially in case of commercial properties. If you lost your loved one due to an injury at a business place, store, or home due to poor maintenance or unsafe conditions, you can hold the property owner liable to receive compensation. For more information, contact the Law Offices of Robert T. Edens, P.C. at (847) 395-2200 or online today to schedule your initial consultation.
The information contained on this site is not legal advice. You should consult an attorney for advice regarding your individual situation. Contacting us via this site does not create an attorney-client relationship. Please do not send any confidential information to us until such time as an attorney-client relationship has been established.
Property owners, supervisors, and managers have the duty to keep a safe environment to make sure there are no hazards within the premises that can cause physical harm to people. However, due to the high replacement, maintenance, or repair costs of building materials, individuals in charge often try to cut corners by overlooking potential problems.
According to the Centers of Disease Control and Prevention, about 135,928 people die annually in the United States due to unintentional injuries, including slip and fall, exposure to harmful substances, and others. Most people suffer fatal injuries because of negligence and carelessness of others, which oftentimes lead to death. Surviving family members file a premises liability lawsuit against the responsible party to seek compensation for the wrongful death of their loved one.
Common Causes of Death Leading to Premises Liability
A broad array of premises liability lawsuits involving wrongful death are caused due to a number of factors, including:
Generally, large insurance policies are in place to cover for premises liabilities, especially in case of commercial properties. If you lost your loved one due to an injury at a business place, store, or home due to poor maintenance or unsafe conditions, you can hold the property owner liable to receive compensation. For more information, contact the Law Offices of Robert T. Edens, P.C. at (847) 395-2200 or online today to schedule your initial consultation.
