When a wrongful death accident takes place, the outcome is devastating and unimaginably painful for the loved ones left behind. This is especially true when the victim in the wrongful death accident is a child. If you lost a loved one due to someone else’s negligent conduct, then you may be entitled to compensation. There is no amount of money that can truly repair the hurt that your family has endured, but it can help you deal with the financial impact of the accident including medical expenses, funeral expenses, and the loss of your loved one’s companionship. Raleigh wrongful death lawyer Jason Burton is prepared to help you and your family secure the compensation that you deserve.
In a recent opinion, the North Carolina Court of Appeal assessed the liability of a real estate developer for the death of a child as the result of a dump truck accident. The child was playing near his home when a dump truck participating in construction across the street began to roll and struck him. The operator for the dump truck was not in the vehicle, the chocks were not engaged, and the dump truck was overloaded. The estate for the child brought negligence claims against a number of parties including the developer. It alleged that the developer was negligent by not creating a safer plan for construction of homes in the development. The developer sold individual lots to builders who then engaged in the construction of homes on those lots. The complaint also alleged that the developer did not uphold its duty to minimize any harm to the residents from construction activities.
In response, the developer filed a motion for summary judgment stating that it did not have a duty to the deceased child and could not be held liable for his death. The trial court granted the developer’s motion. On appeal, the North Carolina Court of Appeals concluded that the developer had no duty to oversee the construction activities once it sold a lot to an independent builder and that it was not required to prevent any negligent construction activities from happening on those sites.