Wrongful Death Lawsuit Filed Against Golf Course¬†
The family of David Hamaker, a 71-year-old man, has filed a wrongful death lawsuit against the golf course which David was playing the day he was struck by a falling tree.David Hamaker was in a golf cart near the 17th hole when a tree came down causing him major injuries.The golf course, Tahquitz Creek Golf Resort located in Palm Springs, failed to warn its patrons of possible limbs or trees falling that windy day in March 2017. At the hospital, his injuries were so severe he had to undergo surgery. He suffered a cervical spine fracture among other injuries. About a week later he past away due to ‚Äúsequelae of blunt impact injury of neck‚Äù, according to his death certificate.
In the wrongful death lawsuit, there are multiple factors that must be under consideration. Mainly the relationship that the property owner has with the person they invite to the property. The golf course, in this case, has golfers that come onto the property. It is the owners of that golf course that are responsible for maintaining the property. They need to ensure the property is safe for their visitors. If not, the owners are liable to warn guests of anything that could be hazardous. They also should close the property off until the property is safe again.
The owners of the golf course did not take proper steps to ensure the safety of visitors. They failed to maintain the golf course. Additionally, they failed to warn guests of the danger they could face while playing. Properly maintaining the golf course would be for the owners to fix or repair anything that they can predict might cause an accident. Tree trimming and removing old dead trees is a standard part of their maintenance routine. In this instance, their effort failed and created dangerous conditions for the guests.
The lawsuit against the owners is for negligence of insufficiently maintaining the property which ultimately lead to David Hamaker‚Äôs death.
Business owners can learn a lot from this tragic accident.
When to File a Wrongful Death Lawsuit
At the Walker Law Firm we know that the Houston, Texas wrongful death lawyers who get the best results are the one who have successfully tried cases. We have tried hundreds of jury trials, involving catastrophic injuries of all kinds, including spinal cord injury, traumatic brain injury, TBI and construction accidents.
If you are in need of a wrongful death lawyer who will aggressively fight for the compensation you deserve, contact us online for a free case evaluation.
Lawsuit For¬†Wrongful Death¬†
Wrongful Death is best described when a person dies due to the negligence, malpractice or inaction of another individual or party. Wrongful death is the basis for the family of the victim to file a lawsuit against the responsible party. While nothing can bring back your lost loved ones, holding the party accountable for their wrongful actions can provide some level of solace.
In order to attain compensation, families of wrongful death victims must prove that the death was the result of another’s malpractice or negligence.
Assisting Grieving Families through Times of Great Loss
Almost every state has enacted a statute permitting a wrongful death lawsuit. These occur from the relatives of a person who died as a result of a negligent act. These ‚Äúwrongful death statutes‚Äù or ‚Äúsurvivor statutes‚Äù vary greatly from state to state.
In some states only a spouse and children may file a wrongful death lawsuit. While in other states, grandparents or other relatives may also file. The idea behind a wrongful death lawsuit is to help the people who depended upon the deceased for financial or emotional support.
A wrongful death lawsuit may be filed by either of the following:
- The executor or the administrator of the estate that belonged to the deceased, or
- by the individual beneficiaries and / or family members.
While they all follow some general principles, each state jurisdiction is unique. Each state has drafted its own form of ‚Äúwrongful death statutes‚Äù. A legal cause of action for wrongful death may exist when a person dies from the negligence of another. Such a situation may arise in a number of different contexts.
Wrongful Death Acts may be defined as any of the following examples:
- Negligent or careless act such as a negligent driver
- Motor vehicle or trucking accident, defective tire, automobile or tractor
- Reckless act by another person, or an intentional act such as a deliberate murder such as an attack, an assault and/or battery
- Death in the course of another crime
- Death during a medical operation, the neglect of a doctor, hospital or nursing home defective drugs or medication
- Company‚Äôs negligence in the enforcement of safety regulations, faulty equipment or tools
- Property owner who fails to meet Safety Regulations
Losing a loved one is one of the most emotionally traumatizing events that can happen to a family. In most ‚Äúwrongful death‚Äù cases, this could have been easily avoided. The last thing that grieving family members wants to do after the loss of a loved one is fight with an insurance company or investigate the incidents that may have caused the death.
Wrongful Death Lawsuit Lawyers in Houston
Walker Texas Lawyer is a wrongful death attorney who knows how important it is to preserve evidence in a wrongful death case. Whether it is a part from a tool or an appliance, automobile, medical records, pill bottles or other evidence. Jim Walker will assist in the collection and preservation of evidence in your wrongful death lawsuit.
Call us today toll-free at 1-800-732-2934 or locally at 713-552-1117 for a no obligation consultation with an experienced Houston, Texas lawyer about your case.