Duty of Care After Death

In 2008, A commuter who was crossing train tracks was struck by the train, and flew through the air, striking another bystander. The bystander suffered injuries to her shoulder, wrist, and leg and brought suit against the dead body.

 In Zokhrabov v. Park, The First Judicial District of the Illinois Court of Appeals recently ruled that the commuter could have reasonably foreseen that the train would strike him and fling his body down the track, which could cause injury to bystanders. The commuter should have just paused and looked down the tracks before crossing.

This decision seems to indicate that your dead body owes a duty of care to passersby, so would this be covered under your basic homeowner’s policy? Turns out, it should be. Coverage applies to an insured person off the insured location if the injury is caused by the activities of an insured. Flying around of a deceased body probably constitutes an activity that would he covered, and there is no exclusion for flying bodies in the policy.

See Christine G. Barlow, Duty After Death, National Underwriter, Feb. 8, 2012; See also Zokhrabov v. Park, 2011 IL App. (1st) 102672.