Brain Injury Attorney Blog

A 12 year old boy, Sam Ives, was killed by a black bear who entered the family’s campsite that was set up a mile from the Timpooneke Campground in June 2007. His parents filed the civil lawsuit against the State of Utah, the Utah Division of Wildlife Resources and others in 2008, saying they failed to warn people of a dangerous bear in the area, which had attacked other campers. The Judge ruled on the side of the state, which argued that the case should be dismissed because there is "no specific duty owed to the plaintiffs, and further, even if there were a duty, the state is immunized from suit under the 'natural condition' exception in the Governmental Immunity Act." The Judge's written decision states, "This court also concludes that a bear is a natural condition on the land and thus even assuming the state has duty, the state is immunized from suit."

Earlier this year, a federal judge awarded the family $1.95 million in damages related to this incident. In his ruling, the judge said the US Forest Service was required to warn the family that a dangerous animal was on the loose in the canyon after reports of a bear had opened coolers and slashed through a tent in the area earlier that day. The family had the potential to be awarded up to $3 million, but the judge found that the Forest Service was only 65% responsible for the boy's death.

This family likely hired an experienced wrongful death lawyer to help them get the settlement they deserve. Wrongful death lawsuits can be brought against a variety of people, such as the driver at fault in an automobile accident, a negligent employer, the manufacturer of a faulty product, or a violent criminal. However, a member of a family cannot be sued by another family member for wrongful death. So if a husband beats his wife to death, he is subject to criminal charges, but the couple’s children cannot sue their father for wrongful death to recover damages for the loss of their mother. Other cases, such as the famous civil lawsuit against OJ Simpson (following the criminal action), the family of the victim can sue if they aren’t related to the defendant. Most wrongful death lawsuits involve some kind of negligence, such as in a driving accident, work accident, bad product, or medical malpractice. These cases are similar to personal injury lawsuits for nonfatal injuries, but the damages are different.

If you or someone you know needs to talk about a wrongful death lawsuit, call one of the Myrtle Beach wrongful death attorneys at The Mace Firm for a free consultation. One of the wrongful death lawyers in Myrtle Beach will help you get the settlement you deserve.

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