Premises Liability Wrongful Death Lawyer

What Can a Family Do When a Dangerous Property Causes a Wrongful Death?

When we walk into a store, visit a friend’s apartment complex, or check into a hotel, we do so with an unspoken trust. We trust that the floors will be safe to walk on, the stairwells will be lit, the swimming pools will be secure, and the environment will be reasonably safe. We don’t expect a simple trip to the grocery store or a visit to an amusement park to end in tragedy. But when a property owner cuts corners on safety and maintenance, that is exactly what can happen.

Losing a loved one in a fatal accident is a devastating experience. When that death was caused by a dangerous condition on someone else’s property, the grief is often mixed with a profound sense of anger. Your loved one’s death was not just a “freak accident”; it was a preventable tragedy that happened because a property owner failed in their most basic duty: to keep people safe.

Fighting for families whose lives have been shattered by a wrongful death in a slip and fall accident is a cornerstone of our practice at The Killino Firm, a commitment we have honored for decades. We are experienced in these complex and difficult cases because we believe that property owners, from individual landlords to massive corporations, must be held accountable when their negligence leads to the ultimate loss. We have seen how a broken railing, a patch of ice, or a lack of security isn’t a minor issue; it’s a fatal hazard.

When you are coping with the sudden loss of a family member, the idea of a legal battle can feel overwhelming. But taking legal action is often the only way to get answers, to find out why this happened, and to secure your family’s future. The property owner’s insurance company has a team of lawyers ready to deny responsibility. Our purpose is to battle on your behalf.

How Often Do Fatal Accidents Happen on Unsafe Properties?

Accidents like falls, fires, and drownings are so common that we often become desensitized to them. But the statistics reveal a shocking public safety crisis that is largely preventable.

According to the National Safety Council (NSC), preventable injuries are the #3 leading cause of death in the United States, and a huge percentage of these deaths occur in homes and communities due to hazards on a property. For example, falls are the leading cause of injury-related death for adults age 65 and older, with over 42,000 deaths in a single year.

The Eye Opening Statistics Behind These Tragedies

Let’s go beyond the big numbers and look at some of the data that shows where and why these fatal “accidents” are happening.

The grief that follows is mixed with a deep and painful sense of betrayal. It wasn’t just a tragedy; it was an injustice. A life was lost not to an unbeatable disease, but to a failure in the very system that was supposed to save them.

For over twenty years, The Killino Firm has been a pillar of strength for families shattered by wrongful death as a result of Medical Malpractice. We have expertise in these incredibly complex and emotionally charged cases because we believe that every patient deserves a high standard of care, and when that standard is not met, the responsible parties must be held accountable. We have seen firsthand how a single moment of negligence can have a permanent and devastating impact on a family.

When you are coping with the sudden loss of a loved one, the idea of a legal battle is the last thing on your mind. But taking legal action is often the only way to get the answers you deserve and to ensure your family’s future is secure. The hospital and its insurance company have a team of lawyers whose job is to minimize their financial responsibility. 

Let’s break down what a wrongful death lawsuit means after a fatal medical error so you can understand what happened and how your family can seek justice for your loss.  

These statistics show that these are not random acts of fate. They are predictable and preventable outcomes of negligence. The best thing you can do for your family is find a premises liability lawyer near me, like The Killino Firm, who understands this data and knows how to use it to build a powerful case. 

What is a Property Owner's Legal Duty to Keep Visitors Safe?

In the eyes of the law, a property owner isn’t automatically responsible just because someone gets hurt on their property. To have a valid wrongful death case, we must prove that the property owner was negligent. This means we have to show that they failed to meet their legal “duty of care.”

The specific duty a property owner owes you depends on why you were on their property. There are three categories of visitors:

Understanding your loved one’s status as a visitor is the first step in building a case. Our job is to prove that the property owner knew, or should have known, about the dangerous condition that caused their death and did nothing about it.

What are the Common Causes of a Premises Liability Wrongful Death?

We have seen how a simple act of carelessness by a property owner can lead to a lifetime of pain for a family. Our investigation will focus on identifying the specific hazard that caused the death.

No matter the cause, the principle is the same. A property owner had a responsibility to keep your loved one safe, and they failed.

Who Can Be Held Legally Responsible for a Death on Unsafe Property?

After a fatal accident, it’s not always clear who is legally responsible. It may not just be the person or company whose name is on the deed. A thorough investigation may reveal that several parties share the blame.

Here are the potential defendants in a premises liability wrongful death lawsuit:

Finding the best path to justice means identifying every single party that had a role in creating the dangerous condition that led to your loved one’s death.

Key Takeaways

We know this is a tremendous amount of information to absorb while you are grieving. Here are the most important things to remember:

Top Resource Groups for Survivors of Medical Malpractice Wrongful Death

Losing a loved one in a sudden, preventable way can be an incredibly isolating experience. There are organizations that can provide both emotional support and information to help you in your journey.

Most Common Questions Asked to Premises Liability Wrongful Death Lawyers

First, focus on your family’s immediate emotional needs. If possible, have someone safely take photos and videos of the dangerous condition that caused the accident before it is cleaned up or repaired. Then, contact our experienced wrongful death law firm near me before you speak to any insurance adjusters.

Yes, and it is an unforgiving deadline. The law sets a strict time limit called a “statute of limitations,” which in many states is two years from the date of death. Crucially, if the death occurred on government property, like a public park or sidewalk, you may have as little as 90 days to file an official “notice of claim.” It is vital to act immediately because the property owner will often repair the dangerous condition right after an accident, destroying the most critical evidence in your case.

State law determines who has the legal “standing” to file a wrongful death lawsuit on behalf of the family. This right is typically granted to the victim’s closest relatives, such as a surviving spouse, children, or parents. It’s important to know that while one person may file the suit, any financial recovery is for the benefit of all eligible survivors as defined by law.

Yes, because there are absolutely no upfront costs. We handle all wrongful death cases on a contingency fee basis, which means your family’s financial situation is never a barrier to getting the best possible legal representation. We cover the entire expense of the investigation and litigation, from court filing fees to the cost of hiring top engineering and safety experts. This model allows us to immediately build the strongest case for you while you focus on your family, and we only receive a fee if we successfully win a financial recovery for you.

In most cases, property owners do not owe a duty of care to adult trespassers. However, the major exception is for children. The “attractive nuisance” doctrine requires property owners to protect child trespassers from man-made hazards like swimming pools.

A sign does not automatically protect a property owner from liability. If the owner was aware of a hazard that was not immediately apparent and failed to take reasonable steps to rectify it, a sign may not be sufficient to shield them, especially if they owed a high duty of care to your loved one as a customer.

We can prove knowledge in several ways. We look for prior accident reports, customer complaints, maintenance records, and employee testimony. We can also use an expert to show that the hazard existed for so long that the owner should have known about it through reasonable inspection.

Our entire practice is built on leveling the playing field. We recognize that for a family facing an immeasurable loss, this is a quest for answers and a demand for accountability. Our difference lies in how we achieve that. We combine decades of focused experience, the resources of a national powerhouse, and an unrelenting commitment to your cause, ensuring that negligent entities are forced to answer for the harm they have caused.

NO COST, NO OBLIGATION,
CONFIDENTIAL CONSULTATION.

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