Types of wrongful death suits vary, from product liability and negligence to medical malpractice and workplace-related deaths. By far, wrongful death lawsuits involving automobile deaths are the most common in the United States each year. With many falling under the umbrella of negligence, automobile-related wrongful death lawsuits often involve distracted driving, intoxication, or other reckless behavior, leading to a fatal accident.
However, many other, non-automobile related situations resulting in the death of an individual are overlooked for their potential of an entirely fair and justifiable wrongful death lawsuit.
Here are five types of wrongful death cases that are among those most commonly overlooked.
Common Types of Wrongful Death Cases that Are Overlooked
Less Well-Known Product Liability: Often not the headline makers, product liability cases involving lesser-known products are not pursued as aggressively as others. One example is a person who filed a lawsuit against a major, well-known online retailer for injuries she suffered from a defective hoverboard sold by a third-party seller.
The California Court of Appeal held the retailer strictly liable under California’s strict liability law, citing them as an integral part of the marketing and distribution chain even though they did not manufacture or directly sell the product. The decisions have substantial implications for the growing number of e-commerce platforms.
- Non-Industrial Workplace Accidents: Fatal workplace accidents in non-industrial settings, such as retail stores or offices, are often overlooked in legitimate wrongful death suits. For example, slips falls, or other unsafe working conditions or cases can lead to successful settlements due to employer negligence or hazardous working conditions.
- Poor Urban Planning: Wrongful death cases stemming from poor urban planning are a severe concern for many communities. Pedestrian accidents due to improperly marked crosswalks and inadequate signage are two examples.
- Lack of Security: Many stories about individuals dying at sizeable public event venues due to inadequate security have made the news in recent years. However, accidental, wrongful death also occurs on private property, such as hunting preserves, where reasonable security and warnings of the potential for danger are inadequately communicated.
- Nursing Homes Deaths: Negligence leading to wrongful death in nursing and residential care facilities often goes underreported, as does medical malpractice in nursing home settings. Two factors are residents’ rights that are unknown to family members and the challenges of communicating with nursing home patients.
Two Examples of Unusual but Successful Wrongful Death Cases
Eason & Tambornini did not represent any of the following cases, but the decisions were widely reported in the media when they occurred. Each is an example of a somewhat unusual wrongful death case that resulted in significant settlements for the plaintiffs.
- Automotive Defect: In the 1970s, a well-known automotive maker released a model that was ultimately discovered to feature a gas tank vulnerable to rupturing in rear-end collisions. Despite being made aware of the problem, the manufacturer decided that settling lawsuits as they arose was cheaper than recalling vehicles and fixing the issue. The rising death toll eventually led to massive legal consequences.
- Public Entity Being Held Liable: In 2016, a 13-year-old boy drowned at a California school district-hosted event. Surveillance footage revealed negligence on the part of lifeguards and staff present at the scene, leading to a successfully fought wrongful death lawsuit that was settled out of court.
When wrongful death is suspected, consulting with an experienced wrongful death attorney can often put loved ones’ suspicions to rest or affirm that a case may exist. Pursuing a just and fair outcome is financially and emotionally in the family’s best interests if the latter is true.
Skilled and Affordable Legal Help is Available
The team of skilled wrongful death attorneys at Eason & Tambornini brings over 100 years of legal experience to our work. We fight for maximum, fair compensation for every client we serve.
FREE Consultation and NO Upfront Legal Fees
Our wrongful death attorneys offer a free, no-risk consultation to discuss the facts of your case. We accept cases on a contingency basis only. This means you pay nothing until we win a settlement for you.
Call Eason & Tambornini at (916) 438-1819 to schedule a free consultation with a wrongful death lawyer in Sacramento today.
