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Can a defective product cause wrongful death?

On Behalf of | Apr 25, 2024 | Wrongful Death |

The tragic loss of a loved one due to a faulty product can be devastating – but can a defective product really be linked to a wrongful death claim? The consequences of a faulty product may range from minor injuries to, in more severe cases, wrongful death. Wrongful death occurs when a person dies due to a product’s unreasonable danger.

Dealing with the aftermath of a loved one’s wrongful death

Beyond the profound emotional burden, wrongful death often results in significant financial struggles for surviving family members. They may struggle with incurred medical bills, funeral and burial expenses, and a critical loss of income, mainly if the deceased was the primary financial provider.

What are the penalties for offending parties?

The responsible parties may face legal consequences when a defective product causes a death. These penalties may include substantial fines, or even criminal charges, depending on the severity of the defect and the company’s knowledge of the issue.

Additionally, the court may order a mandatory product recall to remove the dangerous products from circulation and prevent further harm to others.

Compensation for the victim’s family

The surviving members of a wrongful death victim may pursue legal actions against the responsible party and, if successful, may claim compensation from the company responsible for the death of their loved one. These may include:

  • Medical expenses: Reimbursements for any medical treatment the deceased received before death due to the faulty product.
  • Funeral and burial costs: Financial compensation for the expenses associated with laying the deceased to rest.
  • Lost income: Recovery for the income earned by the deceased over their lifetime, considering their age, career path, and future earning potential.
  • Loss of companionship: An award to knowledge of the emotional pain and suffering experienced by the surviving family members.

While legal action cannot bring back a loved one, securing compensation can offer some financial security and a sense of justice for the family.

Holding companies accountable for what happened can be a crucial step toward healing in the wake of the loss. Fighting for justice sends a clear message to retailers and manufacturers that they should prioritize consumer safety above all.