Common Causes of Wrongful Death
There are a variety of different things that can cause a wrongful death to occur and they include automobile accidents, drug side effects, airplane accidents, product defects and negligence. The definition of wrongful death is a party acting negligently, recklessly, and with a complete disregard for one’s safety, or with the intent to kill or harm, and another person dies as a result of this person’s actions then the death can be considered wrongful. The most common causes of wrongful death include automobile accidents, motorcycle accidents, airplane accidents, medical malpractice, product liability, accidents at work, animal attacks, abuse, neglect, truck accidents and train accidents.
Automotive accidents are among the most common causes of wrongful death and these types of accidents can occur in more than one way. The National Highway Traffic Safety Administration estimates that nearly 40,000 people are killed on the roadways of the United States each year. Driving is a privilege and not a right and motorists have the responsibility to obey the rules of the road, exercise caution while driving, drive safely according to the current weather conditions, and be mindful of others around them. Wrongful death can occur as a result of the driver of a vehicle towards another motorist or towards a passenger in their own vehicle. Wrongful death cases can also be filed against automotive manufacturing companies for defective breaks, seats, tires and other parts on vehicles that might malfunction while they are being driving.
Along with automobile accidents, airplane accidents also fall under the realm of wrongful death cases. For instance, if the pilot of a plane was under the influence of alcohol while flying or a piece of equipment malfunctioned, victims of the death can file a suit against the airline or the manufacturing company.
Medical malpractice is defined as the professional negligence by acting or the omission to act by one that provides health care services such as a nurse, doctor, or surgeon. Medical malpractice can result in serious injury or even death. When it results in death, the victim’s family can file a wrongful death lawsuit. The United States Department of Justice claims that over 90 percent of medical malpractice suits filed caused death or permanent, debilitating injuries.
Product liability is defined as the area of law that holds manufacturers, distributors, suppliers and retailers liable for the products that they manufacture, distribute, supply and sell to consumers if a product is to be deemed defective. There are three types of product liabilities and they are design defect, manufacturing defect, and a failure to warn consumers of defects. When claiming negligence in a wrongful death suit involving product liability the plaintiff of the case must be able to prove a duty owed, a breach of the duty owed, an injury as a result of the breach and that the breach of the duty caused the injury to the plaintiff in the case.
Accidents at the Workplace
Another highly common cause of wrongful death is an accident that occurs at the workplace. Anyone can be involved in an accident at the workplace that can result in death. Such accidents are slip and falls, explosions, burns and equipment malfunctioning. Such worksites that are known for wrongful death are construction sites, manufacturing plants, and mining locations. Wrongful death lawsuits can be filed against an employer if an employee is killed as a result of an accident at work or for disregard for their employee’s safety. All employers have an obligation to meet the standards set forth by the Occupational Safety and Health Administration.
|If you have a loved one that may have been a victim of a Fatal Accident, consult with a Wrongful Death Lawyer in your area to review your case for free in exploring legal remedies.|