Man Drowns When His Lawnmower Falls Into Lake
It was recently reported that a lawn care company employee drowned while working in East Naples, Florida. The decedent was doing lawn work when the lawn mower he was operating flipped into a homeowner's lake. The man's widow has filed a personal injury lawsuit against the employer lawn service and the property owner.
A wrongful death personal injury lawsuit was filed alleging negligence. The suit claimed the employer was negligent for asking the man, who could not swim, to cut a lawn near a deep lake.
Certain family members can generally bring a wrongful death suit when a defendant can be found to have caused or at least partially caused the decedent's death. Wrongful death lawsuits suits can arise through various claims. Some examples include: medical malpractice, car accidents, truck accidents, motorcycle accidents, and occupational exposure to unsafe circumstances.
A workers' compensation claim was also filed in the above case. Such suits seek compensation for injuries that occur when a worker is injured in the course of employment.
The wrongful death lawsuit above alleges the employer failed to adequately train the man on how to operate a riding lawn mower near water, how to prevent it from tipping over, as well as failing to provide adequate safety devices. The suit further alleged the homeowner knew or should have known that a dangerous condition existed because of the sudden drop-off near the lake, the area near the lake could not adequately support a lawn mowers weight, and that there was an obvious risk in riding a lawn mower on that area of the land.
The personal injury lawsuit seeks compensation for lost earnings, pain and suffering, mental anguish, lost companionship, and lost guidance and protection for the surviving children.
A wrongful death lawsuit will generally be successful when it is proven that a person has died due to the negligent behavior of another. Such claims hold the negligent person liable for damages. Wrongful death claims can also be proven through reckless or intentional acts.
This case is unique in that it involves an individual who was not able to swim. The employer may or may not have had reason to know of this. This fact could make a difference in the outcome of the case. This fact could also be overlooked and deemed irrelevant depending on the exact circumstances of the case.
After the death of a family member occurs, liability and lawsuits may be the last thing people are thinking about. However, as the case above shows, wrongful death claims can be very intricate and seeking timely legal assistance cannot be stressed enough.
The law imposes a statute of limitations for wrongful death lawsuits. This means you can only file a lawsuit within a certain time frame or you lose the ability to sue. In order to protect you and your loved one's rights, it is important to obtain assistance from a knowledgeable wrongful death attorney as soon as possible. Statutes of limitation differ from state to state.
It is important to choose a wrongful death and Workers Comp lawyer with the experience and savvy to aggressively represent you. Not only will you gain peace of mind during such a difficult time, but also a better chance at just compensation.
As an experienced wrongful death attorney, I am happy to discuss any questions and concerns you have about wrongful death lawsuits or liability in general. I understand that dealing with a lawsuit after losing a family member is a grueling task, which is why I am available 24 hours a day at your convenience. You can directly contact me at 314.322.8515 or toll free at 1.800.500.INJURY (4658).
Consultations are free and there is no fee unless you recover. You can email me at john@pagecagle.com or visit www.injuredclient.com for more information. I look forward to speaking with you and helping you through these trying times.
