McGinn, Montoya, Love & Curry, PA
Call for a free consultation 505-633-8796
Hablamos Español

Bosses - You can be charged in a wrongful death lawsuit

The death of an employee may result in an investigation of a workplace. Especially on manufacturing or machinery sites, extreme hazards surround the daily work of an employee.

An improperly trained factory worker may cause serious harm to your company, and the worker may increase the possibility of death to himself or employees nearby. It proves incredibly important for companies to properly train workers on the use and dangers of hazardous machines.

Proper training to employees may save your company money, and it may prevent the death of your employee and the demise of your business.

A wrongful death

Wrongful death claims arise when the death of an individual could have been prevented by the accused if they used proper care. A plaintiff brings the case forward for the victim against the defendant.

The plaintiff can be a close family member or a listed person in the estate of the deceased. The defendant can be both:

  • an individual
  • a business entity

Care and causation

A wrongful death plaintiff must prove three elements to obtain compensation for their loss.

  • Duty of care: To prove wrongful death, the plaintiff must show that the defendant had a duty to the care of the victim. The boss or manager of a worker using heavy, dangerous machinery in a factory has a duty to the care of the individual. He or she holds the right to be protected by the boss by understanding the risks and operating elements of the machine.
  • Breach of duty of care: The plaintiff must demonstrate that the defendant breached the duty of care by being negligent. A boss may have forgotten to mention safety elements in operating the machine. Perhaps a boss rushed through procedures and did not explain a necessarily step.
  • Causation: The plaintiff must prove that because the defendant had a duty of care to the victim and breached the duty of care, the victim died. A factory boss has a duty to protect the safety of his employee, he or she did not mention an imperative safety element and not mentioning that element killed the employee.

The level of care needed to act as a responsible boss when working with dangerous machines or products proves great. Understanding that the lives of your employees depend on your care is crucial.

Know that many unintentional acts may cause wrongful death. At the end of the day, the safety of your staff should be the first priority for you and your business.

No Comments

Leave a comment
Comment Information

Lawyer ratings

  • 500 Leading Lawyers | 2018 Lawdragon
  • Martindale-Hubbell AV Rated
  • Southwest Super Lawyers Rated Rising Star New Mexico
  • Southwest Super Lawyers Rated Top 25 Lawyers New Mexico
  • Voted Best Lawyers in America
  • Top 100
  • US News Best Lawyers in America 2019
  • US News Best Lawyers in America 2018
  • Best Lawyers Lawyer of the Year 2017
  • Super Lawyers
  • Seven
  • Pound Civil Justice Institute