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Sawicki Law Firm Blog

Tuesday, August 11, 2015

Wife Files Lawsuit After Husband Killed in Golf Cart Incident

Can I recover for a totally unforeseeable, unexpected personal injury? 

As any personal injury lawyer can attest, foreseeability is one (of many) issues that can arise in an injury or wrongful death lawsuit. More specifically, a defendant can escape liability upon showing that the incident and injury were so unforeseeable, unpredictable and unlikely, that no reasonable person would be expected to take safeguards against that type of risk. Like many aspects of a negligence lawsuit, foreseeability is generally a question of fact for a jury to consider – and could really swing either way in a close case. 

Do not be confused, however, with the concept of foreseeability versus frequency, as the rate of occurrence of a particular injury is generally irrelevant if that injury is reasonably foreseeable – and, therefore, reasonably avoidable. 

Take, for instance, a recent injury lawsuit filed in Fort Bend County involving a victim’s sudden and tragic death while aboard a golf cart. Of course, golf carts travel at a relatively low rate of speed and are not generally associated with severe personal injuries or death. This does not mean, however, that a successful plaintiff could not recover the costs of an injury sustained while riding on this type of vehicle. And, as in today’s case, a plaintiff may also be able to recover under the Texas wrongful death statute upon a showing of negligence by the driver, manufacturer, and/or any other individual involved in the accident. 

While the full details of the incident have yet to be released, the grieving widow has alleged that her husband suffered a severe head injury after falling from the back seat of a golf cart while touring a prospective apartment complex for a new home. In this particular case, the wife has sued the leasing agent – who was driving the cart at the time – for the wrongful death of her husband, who died eight days after the fall from massive head trauma. 

In the words of the surviving widow, “I wasn't prepared for this, and it was just so unexpected….”

Also named in the lawsuit is the company that owns the apartment complex that employed the leasing agent at the time. 

If you were recently injured in an unexpected or unforeseeable accident, do not give up hope – you may have rights! For more information, contact the Dallas, Texas personal injury attorneys at the Sawicki Law Firm today: (888) 468-8844. 
 

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