The basis of a wrongful death claim is whether or not a party owed a victim a legal duty, in this matter a standard of care and whether that duty was breached.
Brazoria County, Texas (PRWEB) November 22, 2011
The Texas wrongful death attorneys at Grossman Law Offices have filed suit against Daystar Residential, Inc., Behavior Training Research, Inc., C&E Investing, Inc., HHH Community Service Inc., and Shiloh Treatment Center, Inc. following the death of resident Michael Owens.
The suit (Cause No. 62,646), filed in the 23rd Judicial District Court of Brazoria County, Texas alleges that Defendants owed Michael Owens and other residents at Daystar facilities a "duty to exercise ordinary and reasonable care to provide for the safety and protection of the residents..."
According to the lawsuit, on or about November 5, 2010, Michael Owens was in the care of Defendants at the Daystar facilities. The suit alleges the Defendants "actions or inactions were negligent and/or grossly negligent" and the wrongful death of Owens was the "direct and proximate result of the acts and omissions of Defendants." Such "acts and omissions" include but are not limited to allegedly: "failing to call EMS services," "failing to prevent the physical assault of Michael Owens," "failing to properly train employees and provide adequate number(s) of employees," and "failing to implement safety procedures to prevent the death of residents during restraints."
Houston wrongful death lawsuit lawyer Keith Purdue speaks about the lawsuit, "In the suit, we note that the death of Owens allegedly "is such that it would not ordinarily occur" without the combined factors of negligence. Our suit alleges all these relevant factors played a role in the victim's death, and seeks to put Defendants on notice not only for the victim but also to prevent a future situation."
Texas fatal accident attorney Michael Grossman notes, "The basis of a wrongful death claim is whether or not a party owed a victim a legal duty, in this matter a standard of care and whether that duty was breached. According to the autopsy performed, the victim died of "complications of mechanical asphyxia," which our suit alleges is highly unreasonable while under the care of Daystar. As such, we filed suit we filed suit, as Keith mentioned, not only for our client, but also to change the practices of Daystar that allegedly led to the incident."
About Grossman Law Offices:
Composed of multiple offices across the state, the Texas wrongful death lawyers at Grossman Law Offices are able to serve clients in many locales. Contact us at anytime toll-free at 1-855-392-0000, for a free consultation.