Safety defects and failure to warn about dangers can lead to tragic deaths. Those in Indiana who lose a loved one in such situations may want more information about pursuing a wrongful death lawsuit. In one case, inadequate safety measures and an unrepaired recalled vehicle were blamed for a fatal car accident that led to the drowning of a man who was not even in the vehicle.
The victim's 3-year-old daughter was trapped in the victim's car when it rolled into a pond at an Indianapolis apartment complex on March 26. Her 26-year-old father of three jumped into the pond to rescue her. He drowned after he was unable to get to the one staircase that led out of the retention pond, according to the plaintiff's attorney.
His family's attorney described the area as a sloping parking lot with no barrier to prevent a car from rolling into the pond below it. He also said that there were no warning signs, barriers or guards. Blame was also cast upon the victim's 2008 Pontiac G6. It was in an unfixed recall for a safety defect that allowed it to roll away even though the shifter was placed in park. The family bought it as a pre-owned vehicle and was unaware of this recall.
The family sued the apartment complex and General Motors for wrongful death on April 13. They claimed the apartment complex had the duty to protect the victim from injury or death at its property. Plaintiffs also alleged that GM was aware of the dangerous and defective vehicle that it manufactured.
This lawsuit also shows the dangers of unrepaired recalls in this state. One in five vehicles in Indiana have an unfixed recall, according to Carfax. This amounts to 1.2 million vehicles. The likelihood of parts failing and causing death and injury increase with the time that a defect remains unrepaired. Mailed recalls are often missed. The second or third owners may never receive these notices. Plaintiffs argue that GM and other manufacturers need to do more to ensure the safety of their cars.
Gathering evidence of negligence and inadequate safety measures is important in a wrongful death case. However, with the right help those pursuing a wrongful death suit can gather information and timely file a cause of action for compensation.
Source: theindychannel.com, "Wrongful death lawsuit filed in pond drowning death of Indianapolis father," Kara Kenney, May 4, 2018