Georgia man files a wrongful death action against a Louisiana doughnut shop claiming that his father died of an allergic reaction after eating an apple fritter. The lawsuit alleges that his father the doughnut shop failed to disclose that the apple fritter was made with walnut flour, despite his father being allergic to walnuts.
Under North Carolina law, a wrongful death claim exists when the death of a person is caused by a wrongful act, negligence or fault of another, such that if the injured person has lived, he or she would have had the right to sue for his or her own personal injuries. Pursuant to the Wrongful Death Statute, given that the decedent cannot file a claim, a personal representative of the estate of the deceased person is authorized to file a lawsuit against those responsible for the person’s death.
The purpose of the Wrongful Death Statute is to compensate the beneficiaries for their loss, and at times, it may vindicate the death of a loved one and bring closure to those that suffered the loss. In the matter referenced above, the son filed the wrongful death action on behalf of his father and is claiming that his father’s death was a direct result of the doughnut shop’s negligence. Specifically, the doughnut shop’s failure to disclose that it’s apple fritters were made with walnuts resulted in his father’s death.
Should the son prevail in establishing that the doughnut shop was negligent, he may seek monetary damages for the death of his father.