A pregnant woman charged with second degree murder in the death of her husband has filed a wrongful death lawsuit against the apartment complex where he was killed. The woman admitted to pushing her husband through the window of their 25th-floor apartment, part of an ongoing cycle of conflict between the couple. However, the woman alleges that she should not have been able to push her husband out of the window.
The wrongful death lawsuit claims the window was made of single pane glass in violation of the building codes and safety standards, making it too easily broken. Her attorney in the wrongful death lawsuit stated dramatically, “This was a window as large as a dining room table and as thin as a napkin. It was dangerously unsafe and had no business in a 25th floor living room. Had the window been reasonably safe, Amber would not be a widow and her child would have a father. She is seeking $10,000 plus additional damages for pain and suffering, loss of earnings, loss of consortium and other noneconomic damages.
It’s hard to know just how this lawsuit will affect her defense, but if she is able to successfully argue that although she pushed her husband she did not expect him to fall, her charges may be further reduced (she was originally charged with first degree murder) to manslaughter, which may be good not only for her, but for her child.
One thing that will make it harder for her in this case is the fact that she has already been cited for domestic violence, for an incident where she threw a lamp at her husband. Although her attorney alleges she was afraid of her husband, he was the one who had to get stitches in the incident.
If you have lost a loved one due to unsafe premises, you may be able to receive compensation for your loss. Please contact Robert W. Kerpsack, CO, LPA in Columbus, Ohio today for a free consultation.