The family of the victim in this case filed a wrongful death lawsuit on behalf of the dead man.
Not all wrongful death cases are the result of negligence on the part of the named defendant. This case may well be one of those. Evidently, the man who died was out night-clubbing with his friends at a well-known downtown entertainment venue. It was popular with folks, as it was on a boat; a yacht, in fact. The club was named after the owner in an artful play on words involving his last name, which was Knight.
Apparently, the man had been at the club for some time, socializing with friends, when he decided it was time to leave. As he was attempting to disembark to the dock, he plunged into the water instead. Despite that fact that his friends jumped in after him, and pulled him out, he was unconscious, and subsequently died.
The police files showed that the man had a blood alcohol content of .239 and he had cocaine on board in his system as well. Both substances would have acted to impair his ability to judge distances. The man’s family filed a wrongful death lawsuit against the club’s owner, stating that the connecting gangplank from the boat to the dock was intrinsically dangerous, because it did not have railings on both sides.
Cases like this one pose a problem for a jury, in that the man was impaired by drugs and alcohol, and misjudged his footing while attempting to leave the club. While it may be arguable that the gangplank should have had railing on both sides of the gang plank, it is difficult to completely fault the night club owner because the plaintiff was also negligent in drinking too much and being additionally altered on other substances. There may well be an argument made to apportion liability for this death.
If you or a loved one has been in a similar situation, reach out to seek experienced legal counsel from an Atlanta personal injury lawyer.
Tim Anderson writes for Atlanta Personal Injury attorney, Stephen M. Ozcomert. The firm specializes in personal injury, malpractice, motorcycle accidents, and wrongful death. To learn more about Atlanta personal injury lawyer, Stephen M. Ozcomert, visit Ozcomert.com.