News reports that the family of a 16-year-old killed in Hawaii while riding a jet-ski has filed a negligence lawsuit against both the Australian tourist who ran into her and the Jet Ski Rental company, Aloha Jet Ski, for its role in contributing to her death.
Kristen Fonseca had rented a jet-ski in Hawaii from Aloha Jet and was touring Hawaii's Keehi Small Boat Harbor when she was hit by the Australian man from behind. Fonseca subsequently died from her injuries. The cause of her death has been listed as "intracranial hemorrhage."
According to the wrongful death lawsuit, employees of the jet-ski company did nothing to prevent the accident from occurring. The accident allegedly occurred as the result of the man failing to pay attention to where he was going while he was riding the jet-ski. He was apparently standing on his jet-ski and became distracted by his girlfriend who was taking video and photos and did not pay attention to other boat traffic in the bay.
Dagley is expected to be arraigned on the misdemeanor charge Tuesday.
Wrongful death lawsuits can arise in any type of personal injury accident where an individual dies as the result of another's reckless or negligent conduct. Negligence refers to the breach of a legal duty to act reasonably or to protect another from foreseeable dangers. Many factors go into determining whether a specific action may be considered negligent and whether that action led to a person's harm. In these instances, it may be possible to recover for your damages. In a wrongful death lawsuit, the surviving family members may bring a lawsuit on behalf of the deceased. Speaking to a skilled Sacramento personal injury lawyer right away is an important first step to determine your rights in the event of any injury accident.
Here, if Fonseca is found to be reckless or careless (i.e. negligent) in his actions, then he may be held responsible for the "wrongful death" of Fonseca in a civil court and be required to pay damages such as medical costs, lost wages and emotional distress. The family is also suing the Jet-Ski company for their negligence. While all of the details of the lawsuit are unknown, whether the company took the necessary safety precautions to avoid accidents or whether the actions it took where an accident occurred were sufficient will be under review. Although the company did not specifically harm Fonseca, if their actions were such that led to foreseeable harm, they may be found responsible and be required to pay damages as well.
Whenever a tragic accident occurs, it's of upmost importance to speak to an experienced Sacramento personal injury lawyer right away. Even though filing a lawsuit may be the furthest thing from your mind, it is critical to determine all factors that may have led to an accident and ensure you protect your right to future compensation. For more information, please contact the top Sacramento wrongful death attorneys at the Law Office of Frederick J. Sette for an immediate consultation.