When you think about wrongful death, you might think of one individual causing the death of another. However, there are some cases when the liable party is a company – anywhere from a small business to a major corporation.
If you believe a company caused your loved one’s death, you need an experienced Montgomery wrongful death attorney handling your case. You want representation from a law firm that does not back down when facing companies with legal teams and corporate insurers.
Overview of Wrongful Death
Every state has a civil wrongful death statute that allows people to seek compensation when they lose loved ones due to the conduct of others. Wrongful death actions are brought by the decedent’s personal representative (often a family member) when the negligent or criminal actions or omissions of another person or entity caused the death.
In order to recover for wrongful death action, several elements must be met. There must be a death that was caused by another’s negligence or by another’s intentional act. Next, the surviving family members of the deceased must have suffered monetary damages due to the loss of their loved one. Finally, there must be someone appointed as the personal representative of the decedent’s estate to bring the action to recover for the wrongful death.
When Companies are Liable
Companies can be liable for different reasons. First, companies can be vicariously liable for the harm caused by negligent employees. If an employee is driving while on the job and causes a fatal crash, liability can extend to the employer for wrongful death. In this situation, the claimants do not have to show negligence on the part of the company, but only negligence of the employee and the employment relationship.
Further, companies can be negligent in addition to people. Some examples of corporate negligence that might lead to a wrongful death claim include:
- Designing or producing defective products
- Failing to warn consumers of product-related risks
- Allowing hazardous conditions on-premises that injure customers
- Overserving a patron at an establishment who then causes a drunk driving accident
- Failing to provide adequate security to prevent assault or other harm
- Negligent hiring or retention of employees who are unqualified or otherwise pose a threat of harm
- Not maintaining vehicles in a commercial fleet
These are only some examples of how companies can be negligent and lead to wrongful death. Your lawyer can identify if corporate liability applies in your case, as it often increases the available insurance coverage.
Call Us Today to Speak with a Montgomery Wrongful Death Lawyer
If you live in the Montgomery area and have lost someone close to you due to the negligence of another party and have suffered monetary losses, you may have a viable wrongful death claim against the person or entity responsi ble. At Luck Law, we help families seek justice and obtain some peace through financial compensation for the tragic loss they suffered. Contact us today for a consultation, either online or by calling us at 334.262.5455.
