If one parent dies and the other is considered mentally unstable, children may be placed into the care of court appointed legal guardians. If those guardians believe that defective products somehow led to the parent’s death, they are able to file a wrongful death claim on the behalves of the children. This appears to be what happened in a state outside Hawaii after a man and father of three children allegedly killed his own wife.
The man had reportedly eaten an orange-flavored candy. The confection was laced with marijuana, which is legal in the state where the situation occurred. Tragedy followed, resulting in the man pleading not guilty by reason of insanity after his wife was shot and killed.
The woman had apparently called 911 after her husband began acting very erratic once he had eaten the edible marijuana. She told the dispatcher that her husband had retrieved a firearm from a gun case inside their home. After she pleaded several times with her husband to stop doing the things he was doing, a shot was fired and the woman died.
The grandparents and an aunt who are now legal guardians for the three youths have filed a wrongful death claim against the company that manufactures the marijuana candy, stating that it should be held legally accountable for the woman’s death because it failed to post a warning label on its product informing customers of the possible adverse side effects of the drug. Manufacturers can be held liable for defective products that lead to serious injuries or deaths of consumers, but the marijuana candy company has adamantly stated that it broke no laws or regulations when making and selling its product. Anyone in Hawaii facing similar legal challenges as a child guardian may contact a product liability attorney for assistance.
Source: Los Angeles Times, “He got high and killed his wife. A lawsuit claims edible marijuana is to blame“, David Kelly, June 1, 2016