A child's death -- especially an unexpected one -- can be painful for a parent. This is true even if the child in question is a 35-year-old adult. A woman is suing an Ohio sergeant after his firearm accidentally fired during a drug raid and killed her daughter.
The wrongful death lawsuit, filed in October, is seeking at least $125,000 in damages for the fatal accident. The woman's death occurred in December 2013 while she was inside a trailer. The sheriff claims he was outside when his tactical rifle accidentally discharged. The bullet went through a door and hit the woman in the forehead. She died the following day.
The Ohio Bureau of Criminal Investigation as well as a special prosecutions team are still investigating the case. Witnesses have been interviewed and numerous tests have been performed. Because this type of case is uncommon, the investigation is taking longer than expected. Meanwhile, the victim's mother is still unsure what exactly happened to her 35-year-old daughter and is seeking answers.
The sergeant, a 38-year-old man who has been with the Ross County Sheriff's Department since 2003, has not been yet criminally charged. The department defends him and believes it was an unfortunate accident.
When a person is killed due to someone else's negligence, then a wrongful death lawsuit is a possibility. However, negligence must be proven in a wrongful death suit, and it must be shown that the victim's survivors suffered a financial setback due to the incident. Loved ones of those who are killed due to the negligence of another should make sure they understand all the elements of a wrongful death suit before proceeding.
Source: The Vindicator, "Family sues police over death," Oct. 27, 2014
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