What Makes A Death Legally Wrongful?

Wrongful death is a concept that exists in civil injury law. In virtually all cases, the death is the loss of a loved one who has a very close relationship, such as a parent-child or spousal relationship. Not all deaths are legally wrongful, though. This article takes a look at how a wrongful death lawyer approaches the issue.

A Liable Party

The first question that has to be addressed is whether there is any individual or organization that can be held liable for what happened. So-called "Acts of God" don't count as wrongful deaths because things like the weather are outside of anyone's control. For example, it would be hard to declare the death of someone swept away in a flood wrongful. Even if there were bystanders, the law doesn't impose a duty of rescue between strangers.

Some Specific Act

A death happening isn't inherently wrongful without someone doing or failing to do something specific. For example, if a nurse was responsible for providing an injection to a sick patient, it would be a potential wrongful death if they failed to do their job correctly or in a timely manner.

Failures to act can fulfill this requirement if a liable party was clearly informed that something needed to be done. If a railing failed at an apartment complex because it was rusty and someone fell to their death, the complex's owner is potentially liable. A wrongful death lawyer would want to collect evidence such as text messages from residents informing the supervisor of the problem. Likewise, it would have to be proven the property's management had failed to act with public safety in mind, such as restricting access to the area.

Proximate Cause

When the law holds someone liable for a civil injury, there has to be evidence that whatever led to the incident was the most proximate cause of the harm that ensued. Suppose a trucking accident occurred during a white-out blizzard and involved a vehicle with a poorly maintained brake system. If there was no evidence other vehicles were braking during the incident, it might be possible for the fleet operator to assert that the storm and not the failure of maintenance was the most proximate cause.

Similarly, the proximate cause must be the product of recklessness, negligence, or malice. A liable party must fail to behave in a socially or professionally expected manner, such as when a driver doesn't look before making a left-hand turn.