Legal Question in Personal Injury in Arizona

Is it possible to sue the owner of a company that declared bankruptcy?

My brother was killed on the job in an accident that was caused in part by a previous business tenant (now bankrupt) who left industrial drums with hazardous residue on the property now in the possession of my deceased brother's employer. The cans were identified as containing hazardous chemicals but my brother was not properly trained to cut into the drums and one of them exploded, killing him. His employer had him doing this to prepare them to be disposed of. He was fined by ADOSH for not training employees in hazardous jobs. It has been 14 months since his death. I just learned of the citation his employer received and the fact that the drums were left by another business now bankrupt when I obtained the ADOSH report of the accident.


Asked on 8/03/06, 8:32 am

1 Answer from Attorneys
James Jenkins Jenkins Law Center PLC

Re: Is it possible to sue the owner of a company that declared bankruptcy?

First, let me offer my condolences to your family and that of your brother. This is a very unfortunate event that could have been avoided with due care.

Even though the company is bankrupt, they may have had insurance. It is usually insurance that covers these wrongful death claims. This case needs to be pursued. A wrongful death claim can be filed by your brother's estate, but is in favor of his wife, children or parents. In our office we have handled a number of wrongful death claims, as well as other serious accident claims, and we also handle the probate/estate cases as well.

Time is of the essence in this matter. There are statutes of limitations. This case should have been brought within one year, but you did not have the facts. See an attorney immediately. You are welcome to speak with me at no charge by calling 480.835.1500. There is no charge for the conference, and no obligation. Our fees are on a contingency; we are paid when we win a case and collect proceeds. Please act immediately. Wrongful death cases are quite different than regular auto accident cases. You need an attorney who has experience in death cases. We are sensitive to the losses suffered by families due to the number of death cases we have handled.

Thank you for your interest in helping.

Best regards,

James D. Jenkins

Read more
Answered on 8/04/06, 11:52 am


Related Questions & Answers

More Personal Injury Law and Tort Law questions and answers in Arizona