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Can you make a wrongful death claim?

On Behalf of | Nov 10, 2020 | Wrongful Death

After the unexpected death of a loved one due to someone else’s negligence, you may want to file a wrongful death lawsuit. In many situations, you have that right, but there are some circumstances that may make you wonder if your lawsuit is valid.

The Florida Statutes outline a variety of situations in which someone may die due to the actions or inactions of another person and whether the law allows for the filing of a wrongful death lawsuit.

Trespasser death

If you are the family of someone trespassing on the land of another person and who ends up dying on that property, you will not have a claim for wrongful death if your loved one was under the influence of drugs or alcohol at the time. You do have a claim in other situations when the property owner is guilty of gross negligence or intentional acts that led to your loved one’s death as long as your loved one was not committing a felony at the time.


If your loved one signed a waiver that said the property owner was not liable, then you cannot make a claim. However, you can make a claim against other involved parties. For example, you may sign a waiver not to sue an amusement park, but you could still sue the ride manufacturer.

Convenience stores

If your loved one died during a criminal event at a convenience store, you cannot sue the property owner as long as he or she had proper safety measures in place and the person responsible was not an employee.

Railroad worker

If your loved one died on the job due to the actions of a coworker and held no fault in his or her own death, then you can bring a wrongful death claim. The railroad does not have the right to block your lawsuit or restrict your ability to file.