Earlier this month, the family of Sandra Bland filed a wrongful death lawsuit against Texas officials, including jail guards, the state trooper, the County of Waller and the Texas Department of Public Safety. Bland was pulled over on July 10, in a highly contentious stop involving a Texas State Trooper, and on July 13, Bland was found hanged in her jail cell.
Immediately after her passing, there was some uncertainty about what was the true cause of death. Texas officials have gone on record stating that suicide was the cause of death. However, Bland’s family does not believe that Bland took her own life and has significant questions about the period she spent in jail.
The lawsuit alleges that Texas officials are responsible for her unfortunate passing. First, it claims that the State Trooper made up grounds to pull Bland over and that her eventual arrest was unlawful. It further claims that jail officials failed to react accordingly when Bland did refuse to eat meals and was emotionally unstable following her arrest.
The lawsuit is based on the concept of wrongful death. This action is based on the notion that someone else caused the unfortunate passing of a loved one either due to their wrongful actions or their negligence. The negligence concept is based on a person failing to act reasonably given the circumstances.
An example of a wrongful death lawsuit as a result of the wrongful actions of another, would be in the case where the family files a lawsuit for their son who was crossing the street in the middle of a crosswalk, and was struck by a car that ran a red light. That running of the red light would be a wrongful action which led to the death of their loved one.
An example of a wrongful death lawsuit as a result of someone’s negligence, would be in the case where a homeowner fails to act reasonably, in failing to construct a fence around the swimming pool in their backyard, which then attracts a small child who drowns. Their failure to act in that example, could make them negligent and ultimately liable for the wrongful death.
The San Diego wrongful death attorneys at Martinez & Schill LLP understand how devastating it can be for families that have lost a loved one due to another’s negligence or wrongdoing. We can assist you understand your legal options if a loved one has been the victim of a wrongful death. Please call our San Diego office at 619-512-5995 or our Riverside office 951-200-4630 to discuss your wrongful death lawsuit with a compassionate and experienced wrongful death lawyer.