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Hayley Franken works at Big Burger after school and on weekends. With her heavy course load, her job and being on the basketball team, Hayley finds that she is simply worn out most of the time. She has said to her manager at work, " Sometimes I am not even sure how I drive myself home because I want to sleep so much." Hayley worked a double shift at Big Burger and did not leave until 2 AM, 4 hours beyond her usual quitting time. On the way home, she apparently dozed off and struck another car head-on and was killed. Her parents are suing Big Burger for wrongful death. Discuss the liability issues.

Respuesta :

Her parents are suing Big Burger for wrongful death. The liability stands for the Big Burger.

What is a Wrongful Death?

  • The surviving family members may file a "wrongful death" lawsuit if someone dies as a result of another's carelessness.
  • These legal actions seek restitution for the losses suffered by the survivors, including burial costs, lost companionship, and pay from the deceased's job.
  • When someone passes away as a result of another person's legal wrongdoing, there is a wrongful death claim.

What are Liability Issues of Wrongful Death?

  • State-by-state variations in wrongful death laws affect who may file claims and whether there are any restrictions on the amount of damages that may be awarded.
  • A deceased child's parents, offspring, and even immediate family members may be compensated under state law.
  • It all relies on the wrongful death law in your state, which may not be the same as the heirs recognized under state law for intestate inheritance purposes.
  • However, in most cases, the estate of the deceased's personal representative files a lawsuit alleging wrongful death.

Who Governs Wrongful Death?

  • There is a civil "wrongful death legislation," or set of statutes, that governs how wrongful death lawsuits must be brought in every state.
  • The personal representative or lawyer may also file claims for bodily harm, conscious suffering, or costs incurred before the decedent passed away.

How to prove Wrongful Death?

In order to prevail in a wrongful death claim, the appealing person normally needs to demonstrate the following:

  • The passing of a person
  • The death was brought on by someone else's carelessness or malicious intent
  • The continuation of surviving family members who are experiencing financial harm as a result of the death
  • Selecting a personal representative to handle the estate of the deceased.

Know more about Wrongful Death Liability

https://brainly.com/question/12730103

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