A wrongful death occurs when a person dies due to the negligent, careless, intentional or reckless act of another person or entity.
Most violence-related fatal injuries are the result of intentional or reckless acts, and the perpetrator can be held both criminally culpable and civilly liable for the death.It’s important to note that the fatal injury does not have to be caused intentionally in order to establish fault. In California, the “strict liability” rule applies to wrongful death lawsuits.
For example, in the case of an accidental death caused by a faulty product, plaintiffs don’t have to prove the manufacturer put the product on the market with the knowledge that is was defective. If a person is fatally injured because a property owner failed to maintain that property, the property owner as well as the person responsible for the maintenance may be legally at fault, even though they didn’t intend for anyone to be injured.
Strict liability applies to anyone who causes a fatal accident, including individuals, companies and government agencies.
Posted in: Wrongful Death