Wrongful Death After a Dangerous Property Accident

A dangerous condition on someone else’s property can have devastating consequences. A drowning in an improperly maintained swimming pool, a fatal fall caused by a hazardous condition, or a deadly assault in an area with inadequate security can result in a wrongful death claim when negligence contributed to the person’s death.

Property owners, landlords, property managers, businesses, and other parties responsible for maintaining premises are obligated to take reasonable steps to address dangerous conditions and protect lawful visitors from foreseeable hazards. When those obligations are ignored and someone dies as a result, surviving family members may have grounds to pursue a California wrongful death claim.

At Kalfayan Merjanian, LLP, we represent families who have lost loved ones because of dangerous property conditions and other forms of negligence. Establishing liability often requires determining what the property owner or other responsible party knew or should have known, what could have been done to prevent the accident, and whether the failure to act caused the death.

When Can a Dangerous Property Accident Lead to Wrongful Death?

A property accident can potentially support a wrongful death claim when a dangerous condition or inadequate safety measure causes a person’s death and another party’s negligence contributed to the accident. California premises liability law requires property owners to exercise reasonable care in managing their property. Civil Code § 1714 establishes the general duty of care applicable to individuals whose conduct creates risks of harm, while California premises liability law recognizes duties concerning dangerous conditions on property.

A wrongful death claim may arise when a property owner or another responsible party knew or should have known about a hazardous condition but failed to reasonably address it. The circumstances can vary considerably. A fatal accident might involve a physical defect on the property, inadequate maintenance, insufficient warnings, unsafe security measures, or another foreseeable hazard.

Can a Swimming Pool Accident Result in a Wrongful Death Claim?

Swimming pools can present serious drowning hazards, particularly when safety measures are inadequate. Potentially relevant circumstances include an improperly secured pool, a defective gate or barrier, inadequate maintenance, dangerous pool equipment, lack of appropriate warnings, or other conditions that create an unreasonable risk of drowning.

California has specific laws concerning residential swimming pool safety. For example, California’s Swimming Pool Safety Act establishes requirements intended to reduce the risk of child drowning at residential pools.

A wrongful death investigation may examine the condition of the pool and surrounding property, fencing and gates, available safety equipment, maintenance records, prior complaints, inspection records, and whether applicable safety requirements were followed.

What If Someone Dies in a Fatal Slip-and-Fall Accident?

A fall that initially appears to be an unfortunate accident may have been caused by a dangerous property condition. Potential hazards include wet or slippery floors, uneven pavement, broken stairs, inadequate handrails, poor lighting, defective flooring, unmarked changes in elevation, and other conditions that can cause someone to fall. When a fall results in a fatal head injury, spinal cord injury, internal injury, or other trauma, the family may have a wrongful death claim if another party’s negligence caused or contributed to the dangerous condition. The investigation should consider how long the condition existed, whether employees or property managers knew about it, whether complaints had been made, whether inspections were conducted, and whether reasonable corrective measures were available.

What Is Negligent Security?

Negligent security claims involve injuries caused by criminal activity that a property owner or other responsible party allegedly could have reasonably anticipated and prevented through appropriate security measures. Examples include assaults, shootings, robberies, or other violent crimes occurring at apartments, hotels, shopping centers, parking facilities, businesses, or other properties.

A negligent security wrongful death claim can involve questions about lighting, security personnel, access controls, surveillance cameras, gates, locks, warnings, and other security measures. However, property owners are not automatically responsible for every criminal act that occurs on their property. Foreseeability is often a significant issue. The circumstances may require examining prior crimes on the property or in the vicinity, or other information that could have put the property owner or manager on notice of a foreseeable risk.

Can a Landlord Be Responsible for a Tenant’s Death?

Landlords and property owners both have responsibilities concerning conditions on rental property, particularly within areas or systems over which they retain control or for which they have a legal duty to maintain. For example, a landlord’s potential liability could arise from an unsafe staircase, defective common-area lighting, inadequate security, or another dangerous condition that the landlord knew or should have known about and failed to address. The specific responsibilities of a landlord depend on the property, the lease, the condition involved, notice of the hazard, and other circumstances.

What If the Dangerous Condition Was Temporary?

A property owner does not avoid liability simply because a dangerous condition existed for a relatively short period. The circumstances surrounding the creation and discovery of the condition matter. A business may have procedures for inspecting floors for spills, for example, and evidence about when employees were notified of a hazard and what they did afterward may become important. California premises liability cases focus on whether the defendant exercised reasonable care under the circumstances. Evidence regarding the amount of time a condition existed can therefore be relevant, but it is not the only factor.

What Evidence Is Important in a Wrongful Death Property Case?

Evidence may disappear quickly after a fatal accident. A property owner may repair a defect, replace equipment, clean an area, change security procedures, or otherwise alter the conditions that existed when the accident occurred. An investigation may therefore seek:

• Photographs and video of the accident scene
• Surveillance footage
• Maintenance and inspection records
• Incident reports
• Prior complaints about the property
• Property management records
• Security records
• Repair records
• Building or safety inspection records
• Employee statements
• Witness accounts
• 911 calls and emergency response records
• Applicable safety regulations and inspection requirements

After a fatal swimming pool accident, for example, photographs of fencing, gates, locks, alarms, drains, and the surrounding area may be important. In a negligent security case, surveillance footage, lighting conditions, prior incident reports, and security policies may become central evidence.

What Does the Family Have to Prove in a California Wrongful Death Case?

The precise elements depend on the legal theory, but a wrongful death case generally requires establishing that the defendant’s wrongful act, neglect, or default caused the person’s death and that the claimant is legally entitled to recover. When the underlying claim involves premises liability, the evidence may need to establish that the defendant owned, leased, occupied, or controlled the property; that the defendant was negligent in connection with the property; and that the negligence was a substantial factor in causing the fatal injury. Meanwhile, California’s wrongful death law is governed by Code of Civil Procedure § 377.60 and related provisions.

What Compensation Is Available After a Fatal Property Accident?

California wrongful death damages can address significant economic and noneconomic losses suffered by eligible surviving family members. Depending on the circumstances, recoverable damages may include the value of financial support the deceased would have provided, loss of gifts or benefits, funeral and burial expenses, and the value of household services the deceased would have provided. California law also permits recovery for certain noneconomic losses, including the loss of the deceased person’s love, companionship, comfort, care, assistance, protection, affection, society, and moral support. The calculation of these losses can require evidence concerning the deceased person’s age, health, occupation, income, life expectancy, relationship with surviving family members, household responsibilities, and other circumstances.

Can a Wrongful Death Claim Be Filed If the Victim Was Not Working?

A wrongful death claim is not limited to the loss of a person’s paycheck. The deceased may have provided substantial household services, childcare, care for family members, and other forms of support that had economic value. For example, a stay-at-home parent who dies because of a dangerous property condition may have provided extensive childcare and household services. The loss of those services can have significant consequences for surviving family members. The law also recognizes certain noneconomic losses arising from the loss of a close family relationship.

What If the Property Owner Blames the Victim?

In premises liability cases, property owners and their insurance companies often argue that the deceased person was partly responsible for the accident. California follows a comparative negligence system in these situations, and any negligence on the part of the victim can reduce the amount of recovery, but it does not eliminate the right to pursue a claim. It is important to understand that the insurance company does not have the final say, and any allegation of shared fault has to be proven. The evidence must be evaluated to determine what each party did or failed to do and whether the property owner or another defendant failed to take reasonable precautions against a foreseeable risk.

Why Is Foreseeability Important in Premises Liability?

Property owners cannot be expected to eliminate every conceivable risk. The law generally focuses on risks that a reasonable property owner should have recognized and addressed under the circumstances. Evidence of prior incidents, complaints, inspections, maintenance problems, building conditions, industry practices, and applicable safety requirements can help establish whether a dangerous condition or security risk should have been anticipated. This can be particularly important in negligent security cases. If similar violent crimes had occurred repeatedly at a property and management knew about those incidents, the history may become relevant when evaluating whether additional security measures were reasonably necessary.

Why a Wrongful Death Property Case Should Be Investigated Quickly

The physical evidence surrounding a property accident can change rapidly. A damaged stairway may be repaired. A broken gate may be replaced. Surveillance footage may be overwritten. A spill may be cleaned. Security practices may be changed. Witnesses may become difficult to locate. An early investigation can help preserve evidence of the property’s condition and determine whether other evidence exists concerning previous complaints, inspections, repairs, or similar incidents.

Prompt action can also help identify all potentially responsible parties. Depending on the circumstances, liability may involve a property owner, landlord, property management company, business, maintenance contractor, security company, manufacturer, or another party.

Contact Kalfayan Merjanian, LLP

Losing a loved one because of a dangerous property condition can leave a family facing both profound grief and significant financial consequences. Whether the death involved a swimming pool, fatal fall, negligent security, or another premises liability hazard, determining who was responsible requires a careful investigation of the property, available evidence, and circumstances leading to the accident. Kalfayan Merjanian, LLP represents families pursuing wrongful death claims in California and works to identify responsible parties and pursue the compensation available under the law. Contact Kalfayan Merjanian, LLP today to discuss your loved one’s death and learn about your family’s legal options.