Wrongful Death Potential Lawsuit - Who Do You Sue?

[Steelers Rule]

What is the name of your state (only U.S. law)? Alabama

So this is the story, happened nearly a year ago.....
My stepfather was hired by a manager of a mobile home park to cut there grass using their zero turn radius mower. He has never driven one and the manager was told that by him, and the manager told me that my stepfather told her that.
She said "I told him to practice"

Well there is a retention pond appx 150 feet from where the mower sat, my stepfather got on and started mowing, manager was in the house showering and heard the mower start.
My Stepfather started to mow around the retention pond first, he made it about 50 feet on a manageable incline and the mower veered into the retention pond, turned over and drown my stepfather.

The manager came out later and saw the mower on top of him in the water, called 911, they tried to revive but he had been dead for a few minutes.

Chief of Police statement ruled an accidental death and the Death Certificate ruled the death, Accidental-Drowning.

Who do you sue? The mobile home park, which likely has insurance and hired someone to run their machine with no experience or sue the mower manufacturer for either no roll bar, or that on a manageable incline pulls the front to the side, again my stepfather had no experience on these things.

If it matters, I am a beneficiary in his will, as are my brother and sister, my sister is the executor.

 

[justalayman]

well, first you need to determine if you have a right to sue. A child or spouse has a right but I am not sure a step-child would have standing to sue.

and who do you sue? whoever has fault. In your situation, I would think the park owner, the manager, and the machine manufacturer would all be included.


this is not a DIY situation. Find an attorney.

 

[Steelers Rule]

We have the right to sue, the executor has to file the suit. My step father has 4 other blood related children, they did not contest the will and know about the potential lawsuit. We have agreed that one cannot do without the other. We have agreed to split anything seven ways. 3 step children and 4 real children, although my stepfather did not see his kids in the past 25 years...not due to his choice.

 

[Steelers Rule]

BTW the spouse was my mother, who passed a year prior to my stepfather's accident.

 

[Zigner]

We have the right to sue, the executor has to file the suit. My step father has 4 other blood related children, they did not contest the will and know about the potential lawsuit. We have agreed that one cannot do without the other. We have agreed to split anything seven ways. 3 step children and 4 real children, although my stepfather did not see his kids in the past 25 years...not due to his choice.

YOU likely do not have the right to sue. If the executor files suit, it's on behalf of his children and/or his estate...of which you are neither.

 

[Steelers Rule]

I am one of the three beneficiaries named in the will.

 

[justalayman]

We have the right to sue,

actually it is the estate that has the right to sue.

(a) A personal representative may commence an action and recover such damages as the jury may assess in a court of competent jurisdiction within the State of Alabama, and not elsewhere, for the wrongful act, omission, or negligence of any person, persons, or corporation, his or their servants or agents, whereby the death of his testator or intestate was caused, provided the testator or intestate could have commenced an action for such wrongful act, omission, or negligence if it had not caused death.

We have agreed to split anything seven ways.

the distribution of any proceeds from such an action are controlled by law. I could not find if the distribution was based on the shares of the remainder of the estate per the direction of the will or if there was some other method of determining the distribution. Your attorney would be able to advise you accurately.

but again, this is definitely not a DIY situation.

 

[ecmst12]

I don't see how this is anyone's fault besides the person who decided to go ahead and operate equipment he didn't know how to use safely. But go ahead and look for a lawyer, you might find one willing to take the case. If any want money up front, run away. If you can't find a lawyer to take the case on contingency, that means you don't have a case.

 

[Zigner]

I am one of the three beneficiaries named in the will.

Oops - missed that in your original post...

 

[Steelers Rule]

We have an attorney, the problem is he can't decide if we have a case against the Manufacturer, which obviously has a much higher pay out.

I would think the land/business owner is a slam dunk or a settlement from his liability insurance company.

This has gone on for a year and I have been the person to sell all assets, take care of bills, as my sister (executor) moved 5 hours away and my brother who hasn't been around for 20 years lives on the west coast and hasn't helped with anything.

I do control what the executor does and says as I have a much better business sense than her.

My worry is that going against the manufacturer is a pipe dream by the attorney and he would cost the estate time and a possible insurance settlement by the land owner. I think we can prove the business had no business hiring someone not licensed or bonded, nor insured to operate their equipment. Before we can prove the mower was at fault because on on incline it pulls to the slope, or if it had a roll bar he would not have drowned.

Is it possible to have a lawsuit naming both negligent? If your blaming the tractor co. on one hand and the business owner/manager on the other....I would think not because one is based on the equipment and the other is based on the business practice.

 

[Proserpina]

Where is the manufacturer even vaguely liable?

Was the machine proven to be faulty?

 

[justalayman]

personally I think you have a better shot against the manufacturer than the park. The manufacturer has to deal with defective engineering and foreseeable injuries due to poor engineering or poor warnings. The lack of ROP (roll over protection) is important. Additionally, you have pointed to the problems with operating a mower on a decline. That is the type of thing the manufacturer must warn against.

The park could argue that they directed him to

"I told him to practice"

and add that he was directed to practice on flat land or in a parking lot even. That would put the actions of your step father as the cause of his own injury. Since he is deceased, the person that directed him is the only person to be able to testify as to what she told him to do.

I think we can prove the business had no business hiring someone not licensed or bonded, nor insured to operate their equipment.

I have never heard of a person being licensed or bonded to run a lawn mower. and he was most likely insured; in fact by the exact same insurance company that you will be facing in court.

Is it possible to have a lawsuit naming both negligent?

I said that in my first post. There can be liability on both parties. You only have 2 years from the incident to file so if you sue only 1 and do not win, it will be too late to even consider suing the other party.

 

[Steelers Rule]

Where is the manufacturer even vaguely liable?

Was the machine proven to be faulty?

No roll bar, machine pulled into pond due to front weight being so little as are the front non steering wheels**************...
Hell as I said, I think a case against the business is better than that of the machine manufacturer, it's the attorney's pipe dream, not mine

 

[justalayman]

Where is the manufacturer even vaguely liable?

Was the machine proven to be faulty?

it doesn't have to be "faulty" per se. Faulty design or instructions will cause liability. The construction of the machine combined with the knowledge of how it will likely be used (on a hill) combined with a lack of proper warnings can lead to liability.

there would be a lot to overcome (such as what were the actual warnings on the machine or in the operators manual that he should have read before operating the thing) before prevailing but that is why you go to court.

 

[Steelers Rule]

I have never heard of a person being licensed or bonded to run a lawn mower. and he was most likely insured; in fact by the exact same insurance company that you will be facing in court.

What would that insurance company pay for? The funeral? BTW, thanks for the help so far...all