wrongful death lawyer

Published on: June 30, 2018

Apartment Owner, Car Manufacturer Sued for Father’s Drowning Death

The family of a 24-year-old father is suing for his death saving his 3-year-old daughter’s life by jumping into a pond – despite the fact he could not swim – after the car unexpectedly rolled away with the child inside. The vehicle had reportedly been recalled by the manufacturer for a malfunction that could cause it to unexpectedly shift gears and roll away. Additionally, the parking lot of the apartment complex where the vehicle had been parked before it unexpectedly began rolling away had no barriers between it and the pond, despite a sharp downward slope.

His family is pursuing damages against the manufacturer of the car for product liability and against the owner of the apartment complex for premises liability.

A review at several CarMax Inc. locations published late last year found that of the 1,700 vehicles reviewed, 1 in 4 had unrepaired safety recalls, ranging from air bag deflaters linked to deadly malfunctions to fire risks and other hazards that have been linked to serious injuries and deaths. Some vehicles had numerous safety recalls. Selling used cars with unrepaired safety recalls is not technically banned under federal law, though it is condemned by consumer and auto safety advocates who argue it puts unsuspecting motorists and passengers at risk. It is unlawful to sell new cars with unremedied safety recalls. CarMax, which sells used vehicles at 175 locations in 39 states, responded to the report indicating customers sign a release form indicating they have received NHTSA recall information prior to the sale. Continue reading →

Published on: July 29, 2017

Jury Awards $11.2 Million in Wrongful Death on Film Set

By Dean Freeman

A jury awarded $11.2 million to the parents of a 27-year-old camera assistant who died in 2014 in the first day of shooting a film in Georgia. However, the $3.9 million ordered paid by CSX Transportation – the sole defendant at trial, as all others had previously settled – may not be paid if the company is successful with its planned appeal. Jurors had deemed the railroad company 35 percent liable. The director was deemed 28 percent liable, the corporation that owns the land where the tracks were located was deemed 18 percent liable, the assistant director 7 percent liable and the producer 5 percent liable.

According to The Atlanta Journal-Constitution, the crew member was killed when a train crashed into a place where the film crew was setting up for a scene. It was reported the production crew lacked permission to film on the train trestle.

Her parents, plaintiffs in the wrongful death lawsuit, say their goal was to obtain answers about what happened to their daughter and to obtain accountability for the foolish and potentially criminal actions of defendants. The director on the set served a year in jail after pleading guilty to involuntary manslaughter and criminal trespassing charges. Continue reading →

Published on: January 5, 2016

Espinoza v. Arkansas Valley Adventures – Waiver of Liability in Wrongful Death Case

By Dean Freeman

Many tourists come to Florida seeking adventure, and they find it in the form of deep sea fishing or personal water craft rides or parasailing or swamp boat rides. Those are just a few examples, and in virtually every case, participants are going to be asked to sign a liability waiver.

These waivers are intended to protect the interests of the business offering the service from legal action should one of the participants get injured. These waivers, also referred to as “exculpatory clauses,” won’t automatically shield a company from all claims, but there is a rebuttable presumption that the contracts are valid. That means the burden of proof is on plaintiff to prove why they aren’t.

Some reasons why a waiver might not be valid:

It goes against public policy;
It’s inherently unfair;
The language is ambiguous.

Continue reading →