Losing a loved one because of another person’s mistake – or negligence – is addressed through the civil justice system. Many people rightfully feel that when a friend or loved one dies because of someone else’s negligence, no amount of money will replace the lose. It is important to remember that financial compensation is the remedy in civil courts. At the same time, holding a negligent person accountable in a wrongful death claim makes them less likely to act poorly in the future. When people are held accountable, society is made safer for us all.
Consider the following example:
A drunk driver leaves a local bar and hits a pedestrian in a crosswalk. The pedestrian dies.
In this instance, both the drunk – negligent – driver and the bar who serves the drunk driver may be liable for damages. The driver may be liable because of the negligence per se rule. According to this doctrine, the tortfeasor is liable for damages as a matter of law if she or he:
- Violates a safety rule or law; and
- That violation was a substantial factor in the victim’s death.
In some cases, the negligence “as such” rule may only be evidence of a negligence standard, as opposed to absolute proof of liability.
Legally, the bar may also be partially responsible for damages, because of Alaska’s dram shop law. Alaska Statute 04.21.020 states commercial alcohol providers are liable for damages if they sell liquor to a “drunken person” who later injures or kills someone else.
Wrongful Death Claims Involving Alcohol
It is imperative you seek counsel from experienced attorneys who understand and take your case as seriously as you… Attorneys who will fight for a better Alaska.
For further information or to schedule a consultation with one of our expert wrongful death attorneys contact Merdes Law Office, P.C. at 907.452.5400 or visit www.merdes.com. And while we hope you never need us… We’re here if you do.
