Welfare check ends in wrongful death claim

There are generally two sides to every story. The simple question though is which side contains the actual facts. One such case involves a wrongful death lawsuit that has recently been filed. Often, the facts regarding exactly what happened must be determined within the California court system.

Typically, when someone rings the doorbell or knocks on the door, the occupant will answer. However, there are times when the occupant does not answer the door. This can occur when the occupant is not home, does not wish to have company or simply does not hear someone at the door.

On the other hand, it is fairly common practice for concerned friends and law enforcement officers to check up on elderly residents. In doing so, if no one answers the door, those checking on him or her often become concerned about the elderly individual’s welfare and will attempt to verify that the individual does not need assistance. Recently, California law enforcement performed a welfare check at one elderly couple’s residence. Of particular concern in this case, however, is when no one answered the door, officers apparently used force to enter the residence.

After entering the home, officers were allegedly greeted by the 86-year-old male resident who was in possession of a gun. Officers claim that they ordered the man to drop the gun. When he did not, they apparently shot him. The elderly man’s wife has now filed a wrongful death lawsuit.

Exactly what happened when officers entered this particular California home is yet to be determined. However, when a loved one dies as the result of another individual’s actions, there may be grounds for a wrongful death claim. In this case, the wife claims that the officers were not properly trained or disciplined in regard to her husband’s death.

Source: U.S. News & World Report, “Lawsuit Filed Over Elderly Man Shot, Killed by Deputies”, April 18, 2017

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