When it comes to a fatality, not every death can be considered a wrongful death. When we talk about wrongful death, there are certain and specific elements that need to be proven in order to label a death as wrongful. Simply put, the death has to be the result of another individual’s negligence or misconduct.
At first glance, a family who loses their teenage son or daughter in a drunk driving accident may blame themselves for the tragedy. Parents may feel that they should have stopped their son or daughter from drinking and driving. But as more evidence is brought to light, they may learn that their child was at a party before the accident occurred and that alcohol was served to the underage partygoers.
This is the type of situation where liability can play a role. Many states have dram shop laws which can place liability on businesses for serving alcohol to someone who injures another individual while intoxicated. On top of that, some states have specific social host laws that can hold a homeowner liable in the same way.
Florida, along with eight other states, has social host liability laws that are specific to minors. The laws governing these types of cases are different in every state, which makes it important to work with an attorney in order to understand what rights you may have in your specific situation.
While a party may be a great way to let loose after a hard week, homeowners and businesses have some responsibility to keep partygoers safe and keep innocent victims from being hurt or killed.