PRINCE FREDERICK & UPPER MARLBORO ATTORNEYSExpertise In
Wrongful Death

1. Medical Malpractice: This occurs when a doctor, nurse, or other medical professional fails to provide the standard of care expected of them, leading to a patient’s death. For instance, a surgeon might make a preventable error during an operation, or a doctor might prescribe a medication that causes a fatal allergic reaction. In these situations, despite the complexities of medicine, there’s an expectation that professionals should act with due care.
2. Motor Vehicle Accidents: When a driver’s negligence, recklessness, or violation of traffic laws results in a fatal accident, it’s a case of wrongful death. For example, if a driver was texting while driving and crashed into another car, causing the death of its occupant, the distracted driver could be held responsible for that death because they failed to maintain safe driving practices.
3. Workplace Accidents: In industries like construction or manufacturing, there are explicit safety protocols in place. If an employer fails to maintain a safe work environment, and a worker dies as a result — perhaps due to malfunctioning equipment or lack of proper protective gear — it’s a wrongful death. The responsibility lies with the employer for not ensuring the safety of their employees.
4. Product Liability: Manufacturers have a responsibility to ensure their products are safe for consumers. If a person dies because of a product’s design defect or because they weren’t adequately warned about its dangers, it’s a case of wrongful death. For instance, if a child’s toy has a detachable small part that a child could easily swallow and choke on, and this risk isn’t clearly indicated, the manufacturer could be held responsible for any fatalities that result.
5. Premises Liability: Property owners must maintain a safe environment. If someone dies due to unsafe conditions on a property, the owner can be held liable. Imagine a situation where a guest at a hotel drowns in a pool because there wasn’t a clear marking of its depth, or there was no lifeguard on duty despite the pool’s size and depth. The hotel could be deemed responsible for not ensuring the safety of its guests.

In each of these examples, the key element is a duty of care that was breached, directly leading to someone’s death. The wrongful death claims aim to provide recompense to the deceased’s loved ones, although nothing can truly compensate for the loss of life.