Wrongful Death Legal Terms
Glossary of Wrongful
Death Terms
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Impairment or Intoxication:
Those states that refer to Driving While Intoxicated (DWI) or Driving While
Impaired (DWI) usually have definitions that are similar to being under the
influence.
Implied Warranty of Merchantability:
Warranty that guarantees that goods purchased by consumers are reasonably fit
for their ordinary purpose.
Inadequate Warning: These cases refer to
injuries, or even death, caused as a result of a product which was sold without
a proper warning to the consumer. In North Carolina, an injured person must
prove that the manufacture acted unreasonably in failing to provide such a
warning, that the failure to provide such warning proximately caused the injury,
and also one of the following: when the product without an adequate warning left
control of the manufacturer, it created an unreasonably dangerous condition that
the manufacturer knew, or should have known, posed a substantial risk of harm;
or after the product left the manufacturer’s control, the manufacturer became
aware of or should have known that the product posed a substantial risk of harm
to a reasonably foreseeable user and failed to take reasonable steps to give
adequate warning. In wrongful death cases, a family member could attempt to
provide this information/ evidence on behalf of the deceased person.
