Wrongful Death Claims Involving Premises Liability
Losing a loved one is devastating, especially when their death could have been prevented.
Understanding your rights and the legal steps to take can provide some clarity and stability during an otherwise painful time.
What is Premises Liability in a Wrongful Death Case?
Premises liability refers to the legal responsibility of property owners to ensure their premises are safe for visitors, tenants, contractors, etc. When unsafe conditions on a property result in someone’s death, the property owner can be held liable under wrongful death laws.
Common scenarios include:
Fatal slip-and-falls
Fires caused by negligence
Structural failures
Swimming pool accidents
Inadequate security
Toxic exposure
Elevator or escalator failures
Animal attacks
Falling objects
Parking lot hazards
Balcony or deck collapses
The key is proving that the property owner failed to maintain a safe environment or failed to address known hazards. This negligence forms the basis of a wrongful death claim.
Who Can File a Wrongful Death Claim?
In Florida and Georgia, the deceased’s immediate family, such as a spouse, children, or parents, typically have the right to file a wrongful death claim. In some cases, other relatives or legal representatives may also pursue compensation.
Compensation often includes medical bills, funeral expenses, lost income, and damages for emotional suffering experienced by the surviving family members. It’s important to note that Florida and Georgia laws focus on the emotional and financial losses suffered by the family rather than the deceased person’s pain and suffering.
Proving Negligence
Establishing negligence in a wrongful death case involves several elements:
Duty of Care: The property owner had a legal obligation to maintain a safe environment.
Breach of Duty: The owner failed to uphold this obligation, creating unsafe conditions.
Causation: This breach directly caused the fatal incident.
Damages: The death resulted in financial and emotional losses for the family, including medical expenses, funeral costs, lost income, and emotional suffering.
Evidence plays a crucial role in proving negligence. Photographs of the hazard, witness statements, and maintenance records can all strengthen your case.
Steps to Take After a Wrongful Death
If you suspect that a loved one’s death was caused by unsafe property conditions, consider these steps:
Preserve Evidence: Document the unsafe condition as soon as possible.
Obtain Medical and Legal Records: These can help establish the cause of death and link it to the property.
Consult an Experienced Lawyer: Navigating wrongful death claims is complex, and having a professional by your side ensures your rights are protected.
Time is also a critical factor. In Florida, the statute of limitations for filing a wrongful death claim is two years from the date of death. Georgia follows a similar two-year statute of limitations. This means families in both states have two years to file a lawsuit against the person or entity they believe is responsible for the death.
Why Legal Expertise Matters
Wrongful death cases involving premises liability are emotionally and legally challenging. An experienced lawyer specializing in personal injuries can handle the legal complexities, allowing you to focus on healing.
They’ll guide you through every step, from collecting evidence to negotiating with insurers or taking the case to trial if necessary.
A Round-Up
While no legal action can bring back your loved one, pursuing a wrongful death claim can provide justice and financial relief for your family. Understanding your rights and working with the right lawyer can make a significant difference in the outcome.
Seek justice with an injury lawyer who fights steadfastly for your rights!
Disclaimer: The legal articles on this website are for informational and educational purposes only and do not constitute legal advice. Reading these materials does not create an attorney-client relationship. For legal guidance tailored to your specific situation, please consult a qualified attorney.
