Wrongful Death

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Wrongful Death

A claim that a person or organization is directly responsible for the death of a person. A wrongful death claim is brought in a lawsuit in a few common law jurisdictions, notably the United States, the United Kingdom and Australia. Wrongful death lawsuits are brought by relatives of the deceased. Some analysts believe these lawsuits are an easier way to punish suspected murderers because only a "preponderance of evidence" or a "balance of probabilities" (as opposed to "proof beyond a reasonable doubt") is required for a judgment. One prominent example of this occurred in the 1990s when former football player O.J. Simpson was found not guilty of murder but judged liable for wrongful death.
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References in periodicals archive ?
Judge Babington said: "There was talk of sex in the weeks leading to the meeting and while she may have been equal emotionally, it was the defendant's responsibility to say no - he chose not to do so.
Since alcohol affects different individuals differently, O'Flaherty believes it's the state's responsibility to prove a defendant actually was impaired, not the defendant's responsibility to prove she can handle her alcohol.
Unfortunately, nominutes of the meeting were available "since it was the defendant's responsibility to prepare them and he did not do so", he said.