Reply #199: He didn't die, which is why it can't really be used against them.

[Xithras]

I could see a wrongful death suit if they had ordered him to stay behind and he'd died, but that isn't what happened. He didn't die. Even if he had, it would have been impossible to prove that they'd issued that order unless they actually admitted to it.

Without proof that he was acting under their orders, respondeat superior wouldn't apply. If he was dead, there would be no proof. Since he didn't die, there are no damages.

Sometimes crappy behavior isn't actually illegal. That seems to be the case here.