WRONGFUL DEATH CASE A FIRST FOR CALIFORNIA’S

CANNABIS INDUSTRY

By Mark Kiran December 7, 2020

WERE UNSAFE EDIBLES AT FAULT FOR YOUNG WOMAN’S DEATH?

The new legal requirements for safe production of cannabis edibles will come to the fore
in a wrongful death case filed in California. The lawsuit was filed on Oct. 20 in California
state court. It names as defendants the consumables holding company Vertical Bliss and
several related businesses and their representatives. It calls for punitive damages and a
jury trial.

The suit alleges that the young woman, Le’Sharia Bre’aun Steele, d   ied after consuming a
cannabis gummy, a fruit candy infused with cannabis products produced by Kushy Punch,
which is owned by Vertical Bliss. The suit, brought by her parents, alleges that the gummy
was directly responsible for her death. This is one of the first lawsuits in California to use  
new laws  surrounding cannabis processing and purity requirements as a basis for a
wrongful death lawsuit.

With the legalization of recreational marijuana use, wrongful death and liability coverage
are expanding. Understanding how these lawsuits work can help you understand your
rights and responsibilities if you’ve lost a loved one due to someone else’s negligence.

What is Wrongful Death?

Wrongful death  is a civil claim that can be filed after someone’s death by their surviving
family. These claims allow for the family of the deceased to receive financial compensation
for the loss of their loved one’s support and companionship. C   laims  can be filed against the
deceased’s employer, against product manufacturers, against premises owners, or anyone
else whose negligence or actions led to the death.

In California, only certain people have standing to file wrongful death suits. These people
include the deceased person’s:

• Spouse or domestic partner

• Children or stepchildren,
• Grandchildren,
• Other heirs, or
• Parents.

These are the people who are considered to benefit most from an individual’s support,
financially or emotionally. As a result, they are also the people most likely to suffer after
that person’s death.

PROVING WRONGFUL DEATH

To prove wrongful death, you must show the following:

• A person has verifiably died;

 • This death was caused by the defendant’s defective product, negligence, or intent
to cause harm;
• The deceased’s surviving family members will suffer a financial loss because of the
death;
• A personal representative for the deceased person’s estate has been appointed.
These four criteria must all be met for a defendant to be found liable for the death.

Negligence or malicious intent are often the most demanding criteria to prove. California
is a s  trict liability state, however, so proving that a business or manufacturer is liable for a
death or injury is more straightforward than in other places

Instead of needing to prove that a company was actively negligent, it’s enough to show
that the defendant manufactured, distributed, or sold a product that led to the death. In
the case of the California cannabis gummy wrongful death lawsuit, the plaintiffs will only
need to prove that the gummy was the cause of death, not that the company was
negligent.

Common causes of wrongful death lawsuits include:

• Deaths due to defective products.

• Deaths caused by unsafe premises.
• Deaths that occur during work.
• Deaths that are caused by someone else’s reckless actions.

POTENTIAL DAMAGES FROM WRONGFUL DEATH CASES

If the defendant is found liable in a wrongful death case, they may be ordered to pay
damages. These damages are intended to cover the financial burdens that the death
caused the deceased person’s family. P   otential damages  can include:

• Medical bills accrued before the death,

• Costs of the funeral and burial,
• Mental, physical, and emotional suffering of the deceased and their loved ones, and
 • Lost wages and financial support from the deceased.

These d  amages  help support the surviving family. Damages for medical and funeral costs
help relieve the financial burden of the death itself, while damages for pain, suffering, and
lost wages help support the family in the future without their loved one. A wrongful death
case can award one, some, or all of these types of damages; it depends on the case and
how it’s argued.

If you’ve lost a loved one due to a defective product or any other wrongful cause, you
deserve to receive financial compensation. The right legal counsel can help.

Reach out to our experienced wrongful death attorneys today to d   iscuss your options.
They can help you put together a wrongful death lawsuit and hold the responsible party
accountable for your loss. Even if a criminal trial isn’t possible or did not find the
defendant guilty, a wrongful death lawsuit can help you hold the responsible party liable.

If you have any questions about a wrongful death case feel free to contact us at
213.295.7119.