Wrongful death accidents are a devastating occurrence for any family, but they are particularly traumatic when the victim is a child. Although no amount of money can truly compensate you for the loss of a child, it can help you cope with the expenses that result from medical treatment, burial, and more. At Maurer Law, our seasoned team of North Carolina wrongful death attorneys is ready to assist you with holding someone responsible for the unnecessary loss of your child.
Recently, the North Carolina Court of Appeals considered a claim in which a five-year-old child died when an overloaded dump truck engaged in an uncontrolled roll and struck him while he was playing near his home. Evidence provided in the case showed that the dump truck was left unattended with the engine running and without the wheel chocks engaged. The dump truck was at the location as part of a home construction site near the home of the decedent’s family.
The estate of the decedent brought a lawsuit against a number of parties including the real estate developer who designed the neighborhood on the basis that the developer maintained a duty to develop a safety plan, to reduce harm to residents from construction accidents, and to conduct inspections even though it sold lots to independent builders. The real estate developer responded by filing a motion for summary judgment on the basis that it did not owe a legal duty to the decedent. The lower court granted the motion and the plaintiffs appealed.