Who Can Be Liable for a Wrongful Death Accident?

Losing a loved one will likely be one of the most difficult experiences in your life. In cases where the death was preventable and was caused by someone’s negligence, it can be even more difficult to deal with. Determining who is liable in a Jersey City wrongful death case will allow you to seek justice and compensation from that party. The following are some of the most common parties held liable for a wrongful death:

Negligent Drivers

Negligent drivers are often liable for wrongful death caused by car accidents. This includes drivers who cause accidents by violating traffic laws, driving recklessly, or being under the influence of alcohol or drugs. When a driver’s careless actions directly lead to a fatal collision, they can be held financially responsible for the resulting damages and losses suffered by the victim’s family.

Employers

Employers may be held liable under certain circumstances in cases where wrongful death occurs in the workplace. This can happen if the death is caused by unsafe working conditions, lack of proper training, inadequate safety measures, or failure to comply with occupational safety regulations. Employers have a legal obligation to provide a safe working environment, and failing to do so can lead to significant liability in wrongful death claims.

Property Owners

Property owners can be held responsible for wrongful deaths that occur on their premises due to unsafe conditions. This includes accidents resulting from faulty maintenance, inadequate lighting, slippery floors, or other hazards that the property owner knew or should have known about but failed to address. No matter what type of property it is, the owner generally has a duty to keep it safe for visitors and passersby.

Manufacturers and Product Suppliers

When a wrongful death is caused by a defective product, manufacturers, distributors, and suppliers can be held liable under product liability laws. This includes defects in design, manufacturing, or inadequate warnings about the product’s potential dangers. If a faulty product directly leads to a fatal accident, the responsible parties in the supply chain can be pursued for compensation on behalf of the victim’s family.

Medical Professionals and Institutions

Medical malpractice is another common cause of wrongful death cases. When healthcare providers fail to meet the standard of care, resulting in a patient’s death, they can be held liable. This includes errors in diagnosis, treatment, surgical procedures, or medication administration. Hospitals, doctors, nurses, and other medical staff must provide a certain standard of care, and breaches of these standards can lead to wrongful death claims against the responsible parties.

Government Entities

In some situations, government entities such as municipalities or state agencies can be held liable for wrongful deaths. This typically occurs when negligence in maintaining public infrastructure leads to an accident. Examples include poorly maintained roads, malfunctioning traffic signals, or failure to address known hazards that contribute to fatal accidents.

Third Parties

Sometimes, third parties who are not directly involved in the accident can still bear some responsibility. This can include maintenance companies, construction firms, or other service providers whose actions or negligence played a role in creating the conditions that led to the wrongful death. Identifying and holding these parties accountable can be essential when seeking compensation.

Shared Liability

In a lot of wrongful death cases, there will be more than one person liable for the death of your loved one – they might even share some of the responsibility in their own accident. In these cases, each party will be assigned a percentage based on their level of fault. The monetary award the plaintiff receives will then be reduced proportionally to the victim’s percentage of liability.

We understand that no amount of money can ever make up for your loss, but we want to make this time as easy as possible for you. If you have lost a loved one due to the negligence or wrongful actions of another, contact us today to schedule a free consultation.