According to A.R.S. Section
12-612, an action for wrongful death can be brought on behalf of
the surviving spouse, adult or minor children and parents of the
decedent. The action can be brought by individuals or by the personal
representative of the deceased person on behalf of those individuals.
Wrongful death lawsuits cannot be brought by brothers, sisters,
grandparents, uncles and aunts, fiancés, or live-in boyfriends
or girlfriends.
Homeowners insurance sometimes
provides insurance coverage for members of the household who injure
or kill people. Homeowners insurance covers the actions of their
insured regardless of whether the acts take place in the home or
out on the street. (Homeowners policies generally exclude coverage
for deaths or injuries arising out of the use of a motor vehicle.
However, these are often covered by automobile insurance.)
However, if
an adult intentionally kills another person, homeowners
insurance will generally not cover this act, since most homeowners'
insurance policies contain an 'intentional act exclusion'. Under
the intentional act exclusion, insurance coverage will not cover
harm caused by an insured if the insured acted with a specific
intent to injure the victim.
In Arizona, all individuals are required
to have liability insurance on their vehicle in a sum not less
than $15,000 Per Person and $30,000 Per Occurrence. In addition,
insurance companies are required to offer their insureds uninsured
and underinsured motorist coverage up to the amount of the liability
policy limits. Uninsured and underinsured motorist coverage provides
coverage in the event that the third party who caused the motor
vehicle accident either has no insurance or has inadequate insurance
to pay for the damages that he has caused. Uninsured motorist coverage
and underinsured motorist coverage only provide coverage for bodily
injury or death and do not provide for property damage.
Uninsured
motorist and underinsured motorist coverage are portable.
In other words, if a person is walking across a street and is
killed by an uninsured driver or underinsured driver who has run
a red light, the pedestrian's uninsured(UM) or underinsured(UIM)
motorist limits will provide coverage, despite the person not being
inside a vehicle. Similarly, if a person is on a bicycle
or in another individual's car and is struck by an uninsured or
underinsured driver, a UM/UIM policy will cover him/her.
Over
the past several years, litigation has taken place as to whether
drive by shootings are covered by car insurance. The Arizona courts
have held that drive by shootings are not covered by car insurance
as the injuries do not arise out of the use of the vehicle and
also because these occurrences are not 'accidents' as defined in
automobile insurance policies. See generally Ruiz v. Farmers Insurance
Company of Arizona, 177 Ariz. 101, 865 P.2nd 762 (1993); Benevides
v. Arizona Property and Casualty Insurance Guaranty Fund, 184 Ariz.
610, 911 P.2nd 616 (App. 1995). However, homeowners insurance
may cover the action of a juvenile shooter or provide coverage if
an adult negligently
provides a gun to the shooter. When a juvenile 14 years or
younger commits what appears to be an intentional act, the parents'
homeowners insurance may provide coverage for the harm that their
child causes.
Under Arizona law, the parents of
a minor are liable in an amount not to exceed $10,000 for each
tort of the minor. Under the statute, parents are automatically
liable for intentional offenses that their children commit. However,
it may be difficult to collect from the parents if they do not
have the money to pay such a judgment. A
parent may also be liable because of his or her own negligence
in failing to adequately supervise a minor. Homeowners
insurance may provide coverage for the parents' negligence.
Other
entities that bear responsibility for a death. For example,
if a bar or restaurant serves an individual alcohol when
they know or should know that a person is intoxicated, that establishment
may bear some responsibility for a death caused by their intoxicated
patron. Unlike a licensee, a social host is not responsible if
an adult guest becomes intoxicated and then causes an accident.
However, a social host can be liable if he or she serves alcohol
to a minor and the minor causes an injury or death as a result
of driving while intoxicated.
Shopping malls, stores, nightclubs, pizza
parlors, concert venues and sports arenas have a duty to exercise
reasonable care for the safety of people invited to their property.
For example, if a mall has reason to know of gang activity at the
mall and fails to provide reasonable security to prevent violence,
the shopping mall may be liable for violence that occurs. The standard
of care that each business must comply with is a question of fact
usually established by expert testimony. Experts in security view
the crime data for the business and other pertinent information
to determine what the business was required to do to provide adequate
security and whether that standard was met in each particular case. Other entities
that may bear responsibility for a death include a government
entity for bad
road maintenance or design. All entities that at all responsible for
a death should be held accountable for their actions
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