Day on Torts
I file lawsuits for a living. Thus, I understand that reasonable minds often differ about whether there is liability in a given situation, often because there is a dispute about the facts. I also understand the idea of pushing the legal envelope – of attempting to expand the law to create a cause of action that will advance the overall cause of justice.
But a recent lawsuit threw me for a loop. David Carradine’s widow has apparently sued the French production company that was handling the actor’s last film, alleging that Mr. Carradine would still be alive if he had not been left in the hotel alone the night of his death.
Mr. Carradine was was found dead on June 4, 2009 in his Bangkok hotel room — a likely victim of auto-erotic asphyxia. Allegedly, there is a photo of Carradine (published by a Thai tabloid) which shows a body suspended from a bar in a closet, with his hands bound together above his head. Carradine’s genitals were also tied. It is reported that the family hired a doctor to do a private autopsy and determined that the cause of death was accidental asphyxiation.