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When a Fatal Accident Happens on Someone Else’s Property

Failure to keep premises safe and security can lead to tragic wrongful death cases

Your loved one didn’t slip and fall, but your loved one was fatally injured on someone else’s property. You believe that it was the property owner’s negligence that caused your loved one’s death and you want to hold that property owner accountable after this type of wrongful death accident. You may have the right to do so, but your time to take action is limited by law.

How Can You Protect Your Rights?

If you can prove that the property owner was negligent and that the owner’s negligence caused your loved one’s death then you may have a wrongful death action. You can protect your right to a fair recovery by filing a wrongful death claim before the statute of limitations expires and while evidence is still available to help prove your case.

In order to prove your claim, you will need evidence that proves…

  • How your loved one was harmed.
  • How the property owner was negligent in allowing harm to come to your family member.
  • How your loved one’s injury caused his death.

You, together with your wrongful death lawyer, will need to use this evidence to prove…

  • The property owner owed your loved one a duty of care.
  • The property owner breached the duty of care by failing to act like a reasonable property owner would in similar circumstances.
  • The property owner’s breach of the duty of care caused your loved one’s death.
  • You have the legal right to damages.

Any time that the elements of negligence are met, you may have a legal claim. Consider, for example, the potential liability after a fatal swimming accident or electrical fire.

Swimming Accidents

Swimming pools create certain risks. You might consider a wrongful death claim against the swimming pool owner if, for example, there is:

  • Murky or cloudy pool water. Water that is hard to see in may cause a swimmer to hit the wall or bottom of the pool, knocking her unconscious and resulting in a fatal drowning. It will also prevent the lifeguard from being able to see the victim underwater.
  • Improper pool maintenance. Pools require a lot of attention and care in order to keep them in a safe condition for swimmers to enjoy.
  • Lifeguard error. It is important that a lifeguard pays constant attention to those swimming in the pool. Failing to do so may lead to a drowning. The lifeguard should also be well trained to prevent accidents from occurring.
  • Overcrowding. A pool that becomes overcrowded may present danger to the swimmers.
  • Inadequate fencing. A pool should always be properly fenced to protect young ones from getting into the pool area unsupervised. Having no fencing or a defective fence poses a threat to those who do not yet know how to swim.

Electrical Fires

An electrical fire, like a swimming pool drowning, can sometimes be a true accident. However, as is the case with swimming accidents, electrical fires can also be the result of someone else’s negligence. For example…

  • An electrician or contractor who fails to comply with local codes or safety requirements could be negligent and may be accountable for deaths that result from electrical fires.
  • A landlord who has been warned about signs of electrical problems and who has failed to take reasonable actions to remedy those problems could be accountable for deaths that result from electrical fires.

Get the Advice You Deserve

As you decide how best to protect your family during this difficult time, we encourage you to find out more about your rights and potential recovery so that you can make an informed decision that is right for you. Please contact us at any time, day or night, to schedule a free consultation with an experienced wrongful death lawyer.

Jason F. Abraham
Managing Partner, Hupy and Abraham

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