Charlotte Personal Injury Attorney Matt Arnold answers the question: “What exactly is a wrongful death claim?”
Imagine being on a family vacation. You are enjoying each other’s companyand the local attractions. The last thing on your mind is a tragic accident claiming the lives of nine of your family members. For one woman, this became reality. A tragic duck boat accident claimed the lives of 17 people after it sank on a lake near Branson, Missouri. This has resulted in a wrongful death suit being filed against Ripley Entertainment, the owner of the duck boat. The suit has been filed on behalf of the estates of three of the victims, but other families are expected to join the suit, according to CNN.
31 people embarked on an attraction called “Ride the Ducks.” This experience includes both a land and water option. The day of the accident had bad weather in the forecast. There was a thunderstorm warning. The captain of the boat decided to do the water portion of the Ride the Ducks experience before the land portion. Shortly after embarking on the boat ride, the boat was surrounded by white cap waves and high speed winds. It did not take long before the boat took on too much water and began to sink. People were not able to easily escape the sinking boat because of canopies that enclosed them.
The wrongful death suit is alleging that Ripley Entertainment “recklessly put the lives of its passengers at risk by ignoring storm warnings and failing to take corrective safety measures.” One of the main parts of this lawsuit is that Ripley Entertainment knew that the duck boat posed a safety risk to its riders. The National Transportation Safety Board told the company in 2002 that the canopies were a safety risk because they do not allow for easy escape in the event of an emergency. Even though this warning was given, there were no changes made. It is speculated that this is because there was no law or driving force behind the safety threat findings that would require the duck boat design to be changed.
The wrongful death suit is not being brought on the canopies safety threat alone. There are also allegations that the captain failed to follow protocol by embarking on the trip because the waves and wind were in excess of company policy. Furthermore, there are allegations that the captain informed the riders of the duck boat at the start of the ride that they would not need their life jackets.
Tragedies like the one described above do not happen every day. While there may not be 17 victims at a time, wrongful death happens frequently. In North Carolina, a wrongful death action can be brought when the death of a loved one is caused by the negligence or wrongful act of another person. If you have lost a loved because of the negligence or wrongful act of another, the wrongful death attorneys at Arnold & Smith, PLLC can help you. We understand that this is a devastating time and want to eliminate some of the pressure and stress you are feeling. Contact us today to find out what options are available to you.
The dedicated personal injury attorneys at Arnold & Smith, PLLC are here to help you with all of your personal injury needs. We know that an injury can cause devastating results in your life. Whether the injury is physical or emotions, you should receive compensation for your damages. Our attorneys understand this and will fight for your compensation. We know that personal injury awards can help you rebuild your life after an injury and will use every resource available to present the best case possible. Now taking cases throughout the Charlotte region with offices in Uptown Charlotte, Mooresville and the new location under renovation in Monroe. Contact us, for a free consultation, call us at 704-370-2828 or click here for additional resources.
The skilled personal injury attorneys at Arnold & Smith, PLLC are dedicated to maximizing the financial recovery and obtaining justice for every personal injury client injured by another party’s negligence. The issues our personal injury clients may be facing include, but are not limited to, slip and fall injuries, wrongful death, product liability, catastrophic injuries, dog bite claims, car and truck accident injuries, motorcycle injuries, traumatic brain injury (TBI), nursing home negligence, spinal cord injury, boating accidents, and defective medical device injury. Our personal injury attorneys understand the devastating impact such an injury can have on a person’s life, and that the effects so often go beyond physical pain and suffering. The personal injury attorneys at Arnold & Smith, PLLC are dedicated to helping clients determine the strength of their claims, and to aggressively pursuing the means necessary to achieve the best possible end result for each client’s particular situation.
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