In a lawsuit over someone's death, the person being sued can use the same defenses they would have used if the deceased person had survived and sued them instead.
537.085. s to . — On the trial of such action to recover for causing death, the may and prove as a defense any defense which the defendant would have had against the in an action based upon the same act, conduct, , , or circumstance which caused the death of the deceased, and which action for damages the deceased would have been entitled to bring had death not ensued.
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Source & history notes
(L. 1955 p. 778 § 537.090, A.L. 1979 S.B. 368)
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