Can I Sue a Business for Wrongful Death?

April 21, 2019 | Wrongful Death

Property owners are required to provide a safe and clean facility to members of the general public. If a business, residential facility, or other types of public property aren’t maintained, and someone is injured or killed as a result, the victim’s immediate family members are eligible to sue the negligent business or property owner for wrongful death.

When Can I Sue a Business for Wrongful Death?

If someone close to you has been killed while dining at a restaurant, shopping at a retail store, or while visiting another public property, you could be entitled to sue the business for wrongful death. However, it’s crucial to keep in mind that liability in every accident that happens on public property doesn’t automatically fall onto the property owner. For example, if a customer ignores safety signs that a property owner has in place, has an underlying condition that causes an accident, or is otherwise negligent, and this causes their death, the surviving family members of the victim are ineligible to file a claim against the property owner and recover compensation for the victim’s death.

Premises Liability Wrongful Death

Premises liability is a legal action that can be taken by a victim’s immediate family if a property owner or business’ negligence caused the victim’s unexpected death. Premises liability can be proven by gathering evidence of the owner’s negligence, proof of the victim’s death, evidence that the property owner directly caused the victim’s death, and filing a compelling claim against the negligent party. Public establishments such as restaurants and retail stores are typically required to have multiple types of insurance coverage including, but not limited to, general liability, workers’ compensation, personal property, and liquor insurance policies to protect the business if an unexpected and devastating accident occurs. If someone is fatally injured because of a business owner’s negligence, the surviving family members of the victim could be eligible to sue the business owner, the property’s manager, and other liable parties involved to recover full compensation for wrongful death.

Most Common Types of Premises Liability

Public property owners must ensure that their facility is clean and safe for members of the general public. If a business owner or property manager is negligent and this causes someone to become injured or killed, they are liable to compensate the victim’s family for damages. Some of the more common types of premises liability cases that are brought include:

• Slip and Fall Accidents
• Hazardous Substances
• Workers’ Compensation
• Fire Injury
• Nursing Home Accidents

If a valid premises liability claim is brought by the family of a victim within a state’s statute of limitations for premises liability and wrongful death claims, compensatory damages such as medical expenses, lost wages, property damage, pain and suffering, and loss of consortium can be retrieved by eligible family members with the help of an experienced lawyer.

Speak With a Lawyer Today About Suing a Business for Wrongful Death

Premises liability laws can be challenging to understand without adequate legal knowledge. Hiring a wrongful death lawyer to represent your premises liability case can make the process of suing a business for wrongful death as simple as possible and ensure that your right to recover compensation for your family member’s harm and losses are protected during this vulnerable time. If you have lost an immediate family member in a premises liability accident, and you need a lawyer to represent your case, contact the Dixon Injury Firm today to schedule a free consultation and discuss your case with our Premises Liability Wrongful Death Lawyers.