Wrongful Death

Wrongful Death

A wrongful death action takes place when a claim exists against someone who can be liable for the death of another. The decedents heirs and other beneficiaries are entitled to file a wrongful death action against those responsible for the decedents death. Wrongful death laws are typically based on statute and vary from state to state. There are generally two types of wrongful death claims, those for intentional wrongful death, and those for unintentional wrongful death.


  • Cox v. Brand 44, LLC, 2015 U.S. Dist. LEXIS 143120, 2015 WL 6182469 (D. Mass. Oct. 21, 2015).

This was a negligence and wrongful death suit brought by the estate of MJ Cox following his death due to a zip line accident. Defendants’ Motion to Dismiss was granted in part, and denied in part. The court denied the motion to dismiss pain and suffering, breach of warranties and loss of consortium but granted in regards to punitive damages and strict liability.


 

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