Legal Question in Criminal Law in Pennsylvania

Wrongful Death

Hello.

My mother is a tavern owner in Pennsylvania who is being sued for wrongful death. A couple were in my mother's bar, the man was driving and did not drink, the woman became intoxicated. After they left, on the way home in the car, the couple quarrelled, the intoxicated woman (who was not driving) grabbed the steering wheel of the car, caused the accident, both parties are deceased.

Can a wrongful death suit be enacted against my mother? If the deceased caused the accident does it not mean that no one is liable for wrongful death?

Any insight or case refrences you may have would be greatly appriecated.

Many Thanks

Ian


Asked on 3/21/06, 8:25 pm

1 Answer from Attorneys
Charles A. Pascal, Jr. Law Office of Charles A. Pascal, Jr.

Re: Wrongful Death

Can your mother be sued? Of course. Anybody can be sued for anything. The question is, will the suit be successful.

It is NOT true that if the deceased caused the accident that no one is liable for wrongful death. There can be SEVERAL "causes" of an event.

The question in the lawsuit would be, was your mother's establishment responsible, or partially responsible, because they served alcohol to a visibly intoxicated person.

What the estate of the people would have to prove is that the events were reasonably forseeable. In other words, is it reasonably forseeable that when 2 people are in a bar, one is drinking and one not, that the one drinking, although not driving, will cause an accident resulting in the one driving having an accident and killing one or both of them.

Without knowing all of the facts, I can't tell you the answer, but you get the idea.

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Answered on 3/22/06, 7:47 pm


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