Wrongful death suit filed against casino after fatal car accident

When a fatal car accident occurs, many courts look to the drivers involved to determine who is at fault and therefore liable for damages. When drunk driving is involved, businesses may also be held liable for damages that occur during the accident.

One Pittsburgh casino is facing a wrongful death suit after a man was killed while drunk driving. The man was allegedly driving home from a casino with a friend when he lost control of the vehicle and hit a curb. The car flipped over and the man died soon thereafter. The father of the man filed a complaint against the casino for violating the Dram Shop Act in Pennsylvania.

The suit alleges that the casino served the man several drinks throughout the night and continued to serve him even though he was visibly intoxicated. The man and his friend left the casino around 1 a.m. and went to another bar. They allegedly only stayed 10 to 15 minutes before leaving. The man was driving on Route 8 when the accident occurred. The casino has not yet responded to these allegations.

Wrongful death suits typically arise from situations where a person dies due to someone else’s negligence or misconduct. To have a successful wrongful death claim, the plaintiff must show that there was a death, that the death was caused by another’s negligence or with intent to cause harm and that the family of the deceased is suffering monetarily as a result of the death.

Many wrongful death claims involve automobile accidents. If a wrongful death suit is successful, the family of the deceased may receive monetary damages based on a variety of factors including the age and health of the deceased, the earning capacity of the deceased, and the circumstances of surviving family members.

Source: Pittsburgh Post-Gazette, “Casino sued over drunk driving accident,” July 31, 2014