depends....


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Posted by ChrisM on March 25, 2005 at 15:12:29:

In Reply to: Question Chris... posted by RichP on March 25, 2005 at 14:24:24:

Hey Rich, I can only imagine how you feel about it......

if the release is well written, the answer is yes. The only cause of action for the acts of another causing death is wrongful death. The plaintiffs in a wrongful death suit are subject to the same defenses as the decedent would be (i.e., contributory negligence, contractual release). So as long as the release would be a defense (not a bar) to the decedent's claim, it will be to the heir's claim.

BTW, not intended to be nor it this legal advice on any specific question, merely provided for educational purposes :)


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