Who can be held liable for the wrongful death of a minor?

In North Carolina, a wrongful death occurs when someone dies due to the negligence or wrongful act of another person. In the case of a minor, the law states that the parent, guardian, or other person with custody or control of the minor at the time of the death may be held liable for wrongful death. The parent or guardian may be held liable for failing to protect the minor from foreseeable harm or for failing to act in a reasonable and responsible manner to protect the minor. For example, if the parent or guardian failed to provide proper supervision or failed to monitor the minor’s activities, they may be held liable. In addition, a third party may also be held liable for the wrongful death of a minor. This could include a teacher, doctor, or anyone who had a duty to care for the minor and failed to do so, resulting in the minor’s death. In some cases, the negligent party may be held criminally responsible for the death, in addition to being held liable in a wrongful death lawsuit. It is important to note that in the state of North Carolina, the age of majority is 18. Therefore, when a minor dies, the surviving family members may not file a wrongful death lawsuit on their own behalf. The legal representative of the minor’s estate must file the lawsuit in order for damages to be awarded. In addition, no damages may be awarded for emotional pain and suffering, since the minor was not legally an adult.

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Who can be held liable for the wrongful death of a minor?

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