In February 2014, a Columbia, Missouri firefighter was called to the scene of a collapsed building at the University Village Apartments, which are part of the University of Missouri. The building served as housing for graduate students, as well as undergraduates who were married or had children. While looking for trapped residents on the second floor of the building, the walkway gave way beneath the firefighter and he was killed. The firefighter’s wife now has brought an action on behalf of herself and as Next Friend for the decedent’s minor daughter.
This action was filed pursuant to Missouri’s Wrongful Death Statute, section 537.080 et. seq. of the Missouri Revised Statutes, which provides a cause of action for the close relatives or court appointed representative of a decedent to pursue a legal action when the person’s death was caused by the behavior of another person, often as the result of the negligent or reckless actions of someone other than the decedent. In this case, the firefighter’s wife brought the action based on allegations that the building, constructed in 1956, was structurally unsafe and had not been maintained properly.
The cause of action that is the basis for this wrongful death action is said to lie within the area of premises liability. A wrongful death action may be brought for many different types of fatal accidents, including car accidents, slip and falls, medical malpractice, and product liability. A legal action can be brought against an individual, a business, or a governmental entity based on allegations that the defendant acted negligently, failed to take the actions that were required by law, or intentionally acting in such a manner as to cause the death of another.
The complaint in this case stated that the Curators for the University of Missouri knew or should have known about the dangerous condition of the University Village Apartments and that the decedent would not have died if the property had been renovated and/or properly maintained.
The wife and child of the deceased firefighter stated that as a result of the alleged wrongful death, they have been deprived of the victim’s:
- Companionship;
- Services;
- Instruction;
- Guidance;
- Training;
- Comfort;
- Counsel;
- Consortium;
- Love;
- Society; and
- Support.
Under the Wrongful Death Statute, damages are based upon the trier of fact’s determination about what is fair and just based on the loss of the loved one. The determination involves an analysis of the economic impact of the loss, including wages and other benefits that would no longer be earned, medical expenses incurred as a result of the (ultimately) fatal event, funeral expenses, and other associated costs surrounding the death. However, the trier of fact also is charged with assessing the non-economic loss that the family members left behind will experience over the long-term as the result of the wrongful death. The various losses detailed above have to be assigned a reasonable value, which does factor in the age and career of the deceased. There is no monetary value assessed for the grief and bereavement suffered by family members after the death of the victim. (See section 537.090 of the Missouri Revised Statutes).
Unlike some other states, including Kansas, Missouri does not place a damages cap on most wrongful death cases. There is a cap in place in medical malpractice cases.
When a family member has died as the result of the actions of someone else, it is difficult to understand the long-term impact that the loss will cause. The compassionate and experienced Missouri Personal Injury Attorneys at Hubbard & Kurtz, LLP know how to get those left behind the compensation that they need to move forward without the support of their loved one. We will fight for you while you grieve your loss. Call us at (877) 535-1163 to discuss what happened to your loved one.
