Flammable Bathrobe Sparks Wrongful Death Lawsuit
The family of an eighty year-old Connecticut woman who died after her chenille bathrobe caught on fire while she was making tea has sued the retailer on multiple grounds, including wrongful death. Chenille is perhaps most easily recognizable as the fabric used in the various patches and letters that are sewn onto letterman’s jackets. Apparently the woman was making tea in her home on February 12, 2005 when her bathrobe suddenly ignited, burning her severely. She died a couple of weeks later. A wrongful death suit is a “survival action,” meaning it can be brought by surviving dependents or relatives of the deceased since the deceased is not alive to bring suit. The lawsuit in this case is seeking thirty million dollars in damages (but keep in mind this is for all of the claims combined, not just wrongful death).
To prevail in a wrongful death lawsuit in Tennessee, a plaintiff must prove four things:
- That the defendant’s conduct caused the death of the decedent;
- That the defendant’s conduct was negligent;
- That there are surviving dependents of the victim; and
- That the dependents suffered some sort of loss (pecuniary or emotional) as a result of the death.
In the case referenced above, the family is also bringing a product liability claim against the manufacturer, so they are basically alleging that the bathrobe was defective, which caused it to ignite suddenly and kill the decedent. If the family is successful in proving wrongful death, they will have the right to recover three different types of damages.
First, they can recover for mental and physical pain and suffering of the decedent, the loss of time and earning capacity by the deceased, the loss of enjoyment of life by the deceased, and reasonable funeral and burial expenses. Second, the family will also be able to recover for the monetary value of the life of the deceased, which will be based on the deceased’s age, health, earning capacity, and personal habits. Third, the family will be able to recover for damages incurred by any party for whose benefit the right to bring a wrongful death suit survives (basically, loss to dependents). There is no cap on the amount of damages that can be awarded in a wrongful death suit in Tennessee; the proper amount to be awarded rests in the discretion of the jury.
Source: http://news.findlaw.com/ap/f/1310/10-28-2009/20091028092010_05.html
