Premises liability cases are successful 39% of the time, compared to a success rate of 61% for motor vehicle accident cases. Part of the reason for the disparity between the two types of cases is that it can be harder to prove liability in a premises liability cases, even when someone dies as a result of an accident.
A premises liability case involves injuries that occur on someone else’s property due to unsafe conditions. This could be a grocery store when an elderly relative slipped in the frozen food aisle, or your neighbor’s house. When the injury results in a wrongful death, the deceased victim’s family can pursue a lawsuit against the property owner for negligence. Proving negligence in these wrongful death cases requires meeting certain legal standards and burdens of proof.
What is Negligence?
Negligence refers to a party’s failure to exercise reasonable care that results in foreseeable harm to another person. To prove negligence in a premises liability wrongful death case, the plaintiff must establish these key elements:
- Duty of Care – The property owner owed a duty of care to keep the premises reasonably safe for visitors. This duty applies to risks that are known or should be known by the owner.
- Breach of Duty – The property owner breached their duty of care through action or inaction. This may involve failure to fix dangerous conditions, inadequate security and lighting, lack of warnings, etc.
- Causation – The property owner’s negligence directly caused the victim’s death. There must be a direct link between the breach of duty and the fatal injury.
- Damages – Monetary losses suffered by the victim’s family due to the wrongful death, such as loss of income, companionship, grief, and pain and suffering.
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Proving Foreseeability
A key part of proving negligence is showing the harm was foreseeable. This means the property owner knew or should have known the unsafe conditions could lead to a deadly injury, and failed to take reasonable precautions. For example, inadequate lighting in a parking garage or broken steps may foreseeably cause a fatal fall.
Notice of Dangerous Conditions
In some cases, the property owner must have actual or constructive notice of the hazardous condition that caused the victim’s death. This may involve proof that they knew about prior incidents or complaints and failed to remedy the issue. If the danger resulted from the owner’s actions (such as improper maintenance), notice may not be required.
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Causation Challenges
Causation can be a major hurdle in premises liability wrongful death cases. The plaintiff must prove it was the property owner’s negligence that directly resulted in death. The defense may argue there were intervening causes, such as the victim’s own negligence like intoxication, horseplay, or ignoring posted warnings. Strong evidence is needed to connect the owner’s lapse in care to the death.
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Damages Elements
Damages available in premises liability wrongful death cases aim to compensate the victim’s surviving family members for their losses. Typical damages elements include:
- Funeral and burial expenses
- Loss of financial support
- Loss of services, guidance, care, and companionship
- Mental anguish, grief, sorrow, loss of society, consortium
- Pain and suffering of the deceased prior to death
- Punitive damages in cases of gross negligence
Expert Testimony
Technical expert testimony is often vital in premises liability wrongful death litigation. Experts may include accident reconstructionists, engineers, building code specialists, security experts, and economists for projecting lost earning capacity. Qualified experts can prove negligent conditions, standards of care, causation, and damages.
Settlement Factors
Most premises liability wrongful death claims settle out of court. Factors impacting settlement amounts include the strength of negligence evidence, apportionment of fault, policy limits, litigation costs, victim’s age and income, and state damage caps. Settlements avoid the risks and costs of trial while providing needed compensation to the deceased’s family.
Proving negligence in premises liability wrongful death cases requires meeting the legal standards for duty of care, breach, causation, and damages. Liability often hinges on foreseeability and notice of dangerous conditions. Strong evidence linking the property owner’s lapse in care to the death is key.
Consulting one of our experienced attorneys is highly recommended when pursuing these complex cases. Thorough case investigation and preparation is needed to achieve a successful outcome, which we provide as part of our service.
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