Yes, businesses can be sued for wrongful death caused by their employees under specific legal principles. Liability typically arises through vicarious liability or corporate negligence. Here’s how it works:
Businesses may be held responsible for an employee’s actions if the employee was acting within the scope of their employment when the wrongful death occurred. For example:
Work-related accidents: If an employee causes a fatal crash while driving a company vehicle for job duties, the employer is likely liable.
Negligent supervision: Employers who fail to address known risks (e.g., an employee’s history of reckless behavior) may face liability if that employee’s actions result in death.
Key requirement: The employee must have been performing work-related tasks at the time of the incident.
Businesses can also be directly liable for their own negligence, even if an employee’s actions contributed to the death. Examples include:
Failure to provide safety training or equipment: Employers who disregard safety protocols (e.g., inadequate training for hazardous jobs) may be liable if an employee’s negligence leads to a fatal accident.
Ignoring workplace hazards: Allowing unsafe conditions (e.g., faulty machinery, toxic exposure) can lead to liability if an employee’s actions or inaction result in death.
Defective products: Companies that release unsafe products may face wrongful death claims if those products cause fatalities.
While employers are generally not liable for employees’ intentional crimes (e.g., assault), exceptions exist:
Employer knowledge: If the employer knew an employee posed a risk (e.g., a history of violence) and failed to act, they may be liable for wrongful death.
Workplace retaliation: Employers who encourage or tolerate harassment/bullying that escalates to violence may face liability.
Damages: Families may recover medical expenses, lost income, funeral costs, and non-economic losses (e.g., loss of companionship).
Insurance coverage: Corporate policies often provide higher compensation limits than individual insurance, increasing recovery potential.
Statute of limitations: Varies by state (e.g., 1 year in Tennessee, 2 years in North Carolina).
Navigating corporate liability requires expertise. An attorney can:
Identify all liable parties: Including employees, employers, and third parties (e.g., equipment manufacturers).
Negotiate with insurers: Corporate policies often involve complex negotiations.
Litigate if necessary: Prepare evidence (e.g., safety records, employment contracts) for trial.
If you need help with a wrongful death claim involving an employee’s actions, contact Hall & Dixon for professional support. Their attorneys specialize in securing justice for grieving families.
Read: The Role of Insurance in North Carolina Wrongful Death Claims
