Michael Jackson's mother, Katherine Jackson, and his three children, Prince, Paris, and Blanket, are now plaintiffs in a lawsuit filed in California under the state's wrongful death statute, alleging that concert promoter AEG Live is responsible for Michael Jackson's death and under California law, owes them monetary damages. Lots of monetary damages.
What Did AEG Live Allegedly Do That Was Illegal?
Before the company can be forced to pay a cent, Mom and Kids must prove the promoter is legally liable to them -- and apparently, the legal argument they are advancing is that AEG Live had a duty to take care of Michael Jackson as he worked, preparing for the series of concerts AEG Live was promoting.
Instead, the plaintiffs are arguing that AEG Live hired an inappropriate doctor -- Dr. Conrad Murray -- and failed to make sure that Jackson had proper medical equipment near him in case of emergency needs.
Legally, Katherine and Paris, Prince, and Blanket are arguing that the promoter not only committed fraud and negligence under California law, but also breached its contract with Michael Jackson as its actions were motivated by greed, and not by protecting Mr. Jackson.
The apparent key to this case will be duty: was there a duty defined in the contract signed by Michael Jackson with AEG Live? Was there a duty imposed by law upon the promoter to monitor or care for Michael Jackson? If there wasn't, was there a material misrepresentation made by AEG Live that the promoter was taking on the responsiblity of taking care of Mr. Jackson, a 49 year old man with a history of past drug use?
The Homicide Case May Be Important Here
Factually, Michael Jackson's mother and children are benefited by the homicide rulingof the Los Angeles Coroner. Dr. Conrad Murray's already awaiting trial for involuntary manslaughter -- and if he was hired by AEG Live, then there may be a legal argument that he was acting as an agent of his employer, AEG Live.
How can Michael Jackson' mother and his minor children file a lawsuit here?
Wrongful Death statutes have been passed in every state, to protect the survivors of a loved one who has died because of the wrongful actions of another. Using California's protection, Katherine Jackson as Michael Jackson's mother and Prince, Paris, and Blanket, as his three children, can sue as plaintiffs in a case where others may not be able to do so. For example, cousins, friends, girlfriends, ex-wifes are usually not included in the list of surviving loved ones allowed to file suit under wrongful death laws.
For those considering the possiblity that they may have a similar situation in Florida, involving the death of a loved one due the bad acts of another, please review the Florida Wrongful Death Statutes for more details.
In Florida, the following people can file a law suit as "survivors" under Section 768.20:
- the decedent's spouse;
- the decedent's children born of a marriage;
- a decedent mother's children born out of wedlock;
- a decedent father's children born out of wedlock if the father, prior to his death, recognized a responsibility for the child's support;
- the decedent's parents;
- any blood relatives partly or wholly dependent on the decedent for support or services;
- any adoptive brothers and sisters partly or wholly dependent on the decedent for support or services.
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