RIGHTS OF ACTION UNDER DEATH AND SURVIVAL STATUTES
Schumacher, Bowen E.
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- 1974Sea-Land Services, Inc. v. Gaudet U.S.
- 1951Burke v. Burnham N.H.
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Abstract
Upon the injury of a person by the wrongful act of another and his death subsequent to and as a result of the injury, it would seem at a glance that there has been two wrongs done. First, there is the wrong to the injured person, giving rise to an action of tort against the wrongdoer, and secondly the injury to the relatives who, by the death, are deprived of support or financial contribution from the decedent. At common law the right of action accruing to the person before his death, i. e. the action for the tort, abated at the death of the person injured and could not be brought or revived after death. Furthermore the common law did not recognize any cause of action accruing to the relatives of the injured person.
The killing of another, or his death as a result of an injury tortiously inflicted, did not give rise to a cause of action in favor of his estate or those dependent upon him.