In a case that has garnered national attention, the Sacramento Superior Court has determined that a $14.5 million wrongful death lawsuit may proceed. At issue is a violent attack that occurred in an Oak Park group home. In 2008, a conservator made the decision to place a paranoid schizophrenic with a 20-year history of violence in the home. Months later, the man hit an employee over the head with a wooden chair, fatally injuring her. He also violently attacked the woman’s husband, leaving him with seriousbrain injuries.

Most recently, Sacramento County has claimed that the county is entitled to immunity from the civil lawsuit, but Superior Court Judge Rudolph Loncke rejected this argument, stating that either a jury or an appellate court must make the decision whether the county and the conservator had a duty to warn the group home operators.

Under California negligence law, a “duty of care” exists where an individual is required to follow a certain standard of reasonable care when acting in a way that might foreseeably harm others. Where a duty of care exists, a person or entity may be found negligent if they breach that duty of care and harm occurs. In some instances, a duty is already established by case law or statutory law.

The question of negligence is complicated and may be the foundation of many different types of personal injury andwrongful death lawsuits. From car accidents, to premises liability, to product liability – determining whether another person or entity is negligent is key to allowing you to recover for your injuries. An experienced Elk Grove personal injury attorney can evaluate your claim and determine your next steps.

Here, the man who attacked the employees had a long history of violence dating back to 1988. In 2005, he pleaded no contest to a similar assault causing serious injuries in another group home. Although the conservator provided some information about the man’s past, she failed to give a complete picture of his history.

For more information or if you believe your or a loved one has been harmed due to the recklessness or carelessness of another, please contact the dedicated Elk Grove personal injury lawyer at Sette Law Office for a free consultation.