Parents of Student File Wrongful Death Claim
Last month, the parents of a metro Atlanta student who died on his college campus filed a wrongful death lawsuit against the school, according to NBC 11 Alive Atlanta. The student, Christopher Starks, was enrolled at Savannah State University. While at the student union one night last August, a person unaffiliated with the university shot him. He was taken to a nearby hospital, where he died of his injuries.
Negligent Security on College Campus
The student’s parents are suing the Board of Regents of the University System of Georgia for wrongful death. They argue that the campus was a dangerous and unsafe place. They also argue that there was no police or security in place in or around the student union the night their son died. Since the shooter is not believed to have been a student, they argue, adequate security would have prevented him from moving around campus and committing the crime. The Atlanta Journal-Constitution reports that another shooting death happened on the campus two years prior.
Georgia Wrongful Death Law
Sections 54-4-1 through 54-4-5 of the Georgia Code provide the law for wrongful death cases. A wrongful death lawsuit must prove that a person, business or organization has caused the death of another through reckless, negligent, intentional or criminal acts. Because the victim in a wrongful death claim is not available, their surviving relatives may bring the lawsuit. There are two kinds of wrongful death claims in Georgia. One is a claim to establish “the full value of the life of the deceased,” and seeks to recover the value of the person’s life. The second is to recover the costs related to the person’s death, such as medical and funeral costs, as well as pain and suffering endured by the deceased prior to death.
Wrongful Death for Negligent Security
In a case like that of Christopher Stark, the family wishes to prove that the university caused the death of their son through a lack of security measures. Further, they will need to prove that any failure of security came about through negligence, since it’s unlikely that the university caused any such failure intentionally. This means that they will need to establish that the university owed their son a duty of care to provide better security. In other words, the university failed to follow reasonable steps to keep the campus safe. If they are able to show these requirements, they can attempt to recover damages for the value of the young man’s life and his estate can claim damages for pain and suffering, funeral expenses, and medical bills.
Hire an Attorney
If you believe you or a relative may have a wrongful death claim or that you have suffered because of negligent security, contact a lawyer at Williams Elleby Howard & Easter in Cobb County immediately.
