When action or inaction by the state of Ohio is partially responsible for the wrongful death of an individual, the state, like a person or a business, can be held legally liable in court. Many instances where the state is brought to court over a wrongful death involve situations where a state agency or institution was responsible for maintaining the wellbeing of those it cared for, but negligently overlooked mandated safety requirements. According to data collected on these cases, the state of Ohio has paid out nearly $13.9 million in wrongful death lawsuits over the past decade.
The state agency most often found at least partially responsible for wrongful deaths was the Ohio Department of Transportation, which has been brought to court 53 times over wrongful deaths since 2003. Of these cases, 11 of them have resulted in significant financial compensation for the families of the victims, amounting in approximately $9.8 million in judgments and settlements.
One of these cases (covered previously on our blog, here), involved compensation for a man whose wife was killed and son injured by a falling tree. A judge ruled that ODOT had known of the danger, but failed to act. In another similar case, a woman was killed in a car accident by a vehicle that had lost control after hitting several potholes. A judge ruled ODOT had known of these potholes, but did not take the necessary steps to fix them.
Other agencies have settled or lost wrongful death cases at trial, as well. The Department of Rehabilitation and Correction has been ordered to pay almost $285,000 in rewards to the families of inmates who were killed while incarcerated. In terms of financial compensation, awards from wrongful deaths resulting from the State Highway Patrol rank second highest, with nearly $2.5 million awarded to those who have been killed in accidents with state police trooper cruisers.
These awards typically help compensate families for lost future wages, possible medical expenses, funeral costs, and also act as recompense for emotional pain and suffering.
Source: The Columbus Dispatch, "Wrongful deaths cost taxpayers millions," Randy Ludlow, June 15, 2013