After the death of a beloved family member, the world is reeling. Fortunately, Iowa law allows some family members to seek financial compensation in a wrongful death claim. This is a civil lawsuit for monetary compensation which you bring against the person or company responsible for the death.
Ball, Kirk & Holm, P.C., had handled many wrongful death cases, and we’re available to take your call. From our offices in Iowa City and Waterloo, we have represented people around the state who have questions about whether they can bring this legal claim. Reach out today. One of our Ankeny wrongful death attorneys can investigate the death to identify the correct people to sue. Below, we identify some surprising parties you might end up suing as responsible for the death.
A Property Owner Who Provides Negligent Security
Your loved one might have died in a violent attack. Under the law, you can of course sue the assailant. However, you might also have a claim for negligent security against the property owner. Essentially, we can argue the property owner’s failure to provide reasonable security contributed to the violent death, so the owner should be liable.
When is security lacking? There are no clear requirements. Instead, a property owner should employ reasonable security measures to protect visitors or guests from foreseeable harms. Some common security measures include:
- Locks and fences. A barrier can keep criminals outside the property. An apartment complex, for example, should have locks on the doors and windows and possibly fences around the parking lot.
- Adequate lighting. Light should be sufficient in stairwells, common areas, and parking lots so that criminals cannot hide and surprise a victim.
- Security cameras. A camera can record a criminal and acts as a deterrent. Many convenience stores have cameras, for example.
- Intercoms at doors. An intercom allows a resident in an apartment building to buzz someone in, and limits access that way.
- Security guards. Guards are not required for any business. But in high-crime areas, a business might need to employ a guard to provide reasonable security.
- Sufficiently trained staff. Staff at any business should know how to respond appropriately to complaints. For example, if a stranger is loitering outside a hotel, then staff should investigate or call the police. They shouldn’t simply ignore someone who is suspicious.
These are common safety measures. Call Ball, Kirk & Holm, PC., to speak with an Ankeny wrongful death lawyer. We can investigate to see if security was negligent the day of the fatal attack.
The Manufacturer of a Defective Product
If a loved one died in a motor vehicle crash, you might blame the driver. And often that’s the case. However, a defect on the vehicle might have also made the vehicle impossible to control, so the product manufacturer shares some blame. Imagine if a defective tire blows. Suddenly, the car might spin out of control, and even the most careful motorist could crash.
Defective products can also lead to fatal accidents in hotels, motels, schools, restaurants, and even inside your home. For example, unstable furniture could topple and trap a small child, crushing them to death. Other defective products include appliances that electrocute people and batteries which catch on fire.
A Negligent Car Mechanic
A mechanic could also be responsible for a fatal motor vehicle accident. Whereas defective products are defective when sold to the public, a mechanic can fail to properly identify a worn-out part or make sufficient repairs. A simple example: a mechanic puts the brakes on the wrong way. The driver can’t stop in time on the way home, so the mechanic is at least partially to blame for the fatal crash.
A Defendant’s Employer
Many fatal accidents are caused by people who are working. For example, a trucker or delivery driver is on the job when they crash and cause a fatal wreck.
Iowa has a legal doctrine called “respondeat superior.” It essentially means “let the principal answer.” Under this doctrine, an employer is liable for an injury caused by an employee working in the scope of their employment.
We can use this doctrine in a wrongful death case. For example, your loved one might have been crossing the street when a taxi driver slams into them and causes fatal wounds. The taxi company is legally on the hook for this type of fatality caused by its employee.
Bringing a lawsuit against an employer has its advantages. They should have deeper pockets and probably a larger liability policy to pay a settlement. Our clients are sometimes eligible to receive $1 million or more for a wrongful death, but we need to ensure the defendant has the resources to pay.
A Bar or Tavern Which Overserves a Drunk Driver
Iowa Code § 123.92 contains the state’s “dram shop” law. A vendor is civilly liable for any injuries caused by a drunk person who was served by the vendor. The law only kicks in if the vendor knew or should have known the person was intoxicated when they were served.
Imagine a bar which continues to serve a man who is obviously drunk. When he leaves, he gets into his car and crashes on the way home, killing your spouse. The dram shop law gives you a right to seek compensation from the bar because they should have known the driver was intoxicated when they served him.
Let Us Investigate
Many people are reeling after the death of a loved one. We understand. One reason to hire a wrongful death attorney is to gain space to mourn.
Our goal is to maximize the compensation you and your family receive. Typically, we can sue anyone who negligently caused your loved one’s death. But as explained above, there are sometimes surprise defendants we can also sue. Adding defendants is a good way to increase the amount of money available to you and your family.
Call Us to Learn More
Our lawyers are available around the clock for our clients. Please call us today to schedule an initial consultation with our office.