Section 19.25 Effect of Fault in a Wrongful Death Action

• Library: Tort Law 2016

D. (§19.25) Effect of Fault in a Wrongful Death Action

Under Missouri law, wrongful death claims are not considered to be derivative of the claims of the decedent. Lawrence v. Beverly Manor, 273 S.W.3d 525, 527 (Mo. banc 2009). But § 537.085, RSMo 2000, states that a defendant may assert "any defense which the defendant would have had against the deceased." Therefore, the fault of the decedent may be compared to the fault of the defendants. See, e.g., Berra v. Union Elec. Co., 803 S.W.2d 188 (Mo. App. E.D...