Orlando Tragedy Leads To Wrongful Death Lawsuit

A wrongful death case is always tragic, given that they always involve someone gone far too soon. Sometimes, however, courts do not see a clear enough chain of evidence to award legal compensation for a family’s losses. A federal court recently ruled that a wrongful death case stemming from a 2023 Orlando shooting be dismissed due to lack of evidence, though it can be refiled.

What Duty Is Owed?

In the shooting, the alleged killer shot a 38-year old woman, then spent a period at large before returning to the area and killing a 9 year old girl. Afterward, he fired a weapon into a journalist’s van, killing the journalist and injuring the cameraman. The journalist’s family brought a wrongful death lawsuit against his employer, alleging that the media company sent the journalist to the scene “without proper safety training or equipment.”

The case raised an interesting question – namely, whether or not media companies are responsible for protecting their journalists while they are covering violent crime. However, the judge in the case dismissed the complaint, stating that while the plaintiff’s case was “plausible,” there was no proof that the journalist was unaware of the potential for violence when covering that particular scene. In other words, he reasonably assumed the risk of violence when present.

What Is The “Reasonable” Standard Of Care?

In a standard wrongful death case, the deceased person’s family must show, through their attorney, that the alleged failure to exercise reasonable care on the part of the defendant directly caused the person’s death, with no other intervening cause. Here, the journalist’s family attempted to argue that the media company was negligent (that is, failed to exercise reasonable care) because the journalist received no safety training or equipment of any kind.

The judge disagreed because it is an open question, as of this writing, as to whether media companies are required to protect their employees to that degree. Since the judge and the family had differing visions of the reasonable standard of care, the lawsuit could not continue. That said, the judge dismissed it without prejudice, which means that it can be filed again if the surviving family members choose to do so.

Contact An Orlando Wrongful Death Attorney

If your family has suffered a loss due to another person’s negligence, an Orlando wrongful death attorney from the Hornsby Law Group may be able to help. We will work hard to get you the compensation you deserve. Contact our office today to schedule a consultation.

Source:

yahoo.com/news/articles/federal-judge-dismisses-lawsuit-brought-212200210.html