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Boeing Faces Wrongful Death Lawsuit After Victim’s Family Strikes Back

Earlier in April, the family of a young woman who was killed when Ethiopian Airlines Flight 302 crashed on March 10 announced that they were filing a wrongful death lawsuit in the U.S. federal court in Chicago. The lawsuit currently names several parties as defendants in the case including Boeing, who manufactured the aircraft, and Rosemount Aerospace, Inc. who allegedly made the faulty sensor that investigators believe played a role in the crash.
A separate suit is expected to be brought about against the Federal Aviation Administration (FAA).

The lawsuit alleges that Boeing put profits ahead of the safety of their passengers by failing to fix the defect in a sensor that experts believe caused the crash. The same defect has already been found to have played a role in a similar crash with Lion airlines five months prior.

The FAA will also be charged for certifying the Boeing 737 Max flightworthy.

What Is Wrongful Death?

Wrongful death occurs when a person has died due to the fault of another party. A wrongful death claim is filed in order to compensate the surviving members of a deceased person’s family for financial losses they have sustained. Wrongful death actions can occur after a criminal lawsuit. Even if the defendant is cleared of wrongdoing in a criminal court, they can still be held accountable in a civil trial.

Elements Wrongful Death

There are four main elements of wrongful death as defined by law.

• Negligence. The surviving members of a victim’s family must prove that the death of their loved one was caused in part or in whole by recklessness, carelessness, or negligent actions of the defendant.

• Breach of Duty. A successful lawsuit must prove that the defendant owed a duty of care to the deceased victim. For instance, anyone who operates a motor vehicle has a duty to drive carefully and obey the rules of the road, just as those in the medical profession have a duty to maintain a patient’s health.

It’s the job of the plaintiff and their attorney to establish duty and how it was breached.

• Causation. In addition to proving breach of duty, the lawsuit must also show how the defendant’s negligence caused the death of the victim.

• Damages. The death of the victim must have quantifiable damages. Some examples include hospitalization, medical expenses, funeral and burial costs, loss of potential earnings, loss of protection and guidance, pain and suffering of the victim prior to death.

In the case of the lawsuit against Boeing, plaintiffs will attempt to prove these four elements by showing that Boeing was well aware of the defect that caused the deadly accident with Lion airlines, but did nothing to ensure that the defect would not take more lives on a future flight.

Ease The Pain

Wrongful death happens more often than you might think. An attorney who specializes in wrongful death cases has likely seen a variety of causes that have led to an unfortunate outcome. Automobile accidents, defective products, and occupational hazards are just a few situations that can lead to a wrongful death claim.

Death is never easy on the surviving members of a family. And when death comes as a result of another person’s negligence, it can be a bitter experience that can interfere with healing. Don’t let your family member’s untimely death cause even more pain in your family. Contact our office today to start the process of getting your life back on track.

Stephen M. Fernandez developed a strong belief in justice and fairness in public policy while earning his Political Science degree prior to attending law school. Since joining the Florida Bar Association in 2004, Stephen Fernandez has combined his background in public policy, business administration and civil law to serve as a highly effective trial lawyer fighting for Florida's injured, working hard every day to make sure his clients get what they are owed.

Boeing Faces Wrongful Death Lawsuit After Victim’s Family Strikes Back

Goldman Babboni Fernandez
Murphy & Walsh

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