Legislation
SECTION 11-3.2
Action for injury to person or property survives despite death
Estates, Powers & Trusts (EPT) CHAPTER 17-B, ARTICLE 11, PART 3
§ 11-3.2 Action for injury to person or property survives despite death
of person in whose favor or against whom cause of action
existed
(a) Action against personal representative for injury to person or
property.
(1) No cause of action for injury to person or property is lost
because of the death of the person liable for the injury. For any
injury, an action may be brought or continued against the personal
representative of the decedent, but punitive damages shall not be
awarded nor penalties adjudged in any such action brought to recover
damages for personal injury. This section extends to a cause of action
for wrongfully causing death and an action therefor may be brought or
continued against the personal representative of the person liable
therefor.
(2) Where death or an injury to person or property, resulting from a
wrongful act, neglect or default, occurs simultaneously with or after
the death of a person who would have been liable therefor if his death
had not occurred simultaneously with such death or injury or between the
wrongful act, neglect or default and the resulting death or injury, an
action to recover damages for such death or injury may be maintained
against the personal representative of such person.
(b) Action by personal representative for injury to person or
property.
No cause of action for injury to person or property is lost because of
the death of the person in whose favor the cause of action existed. For
any injury an action may be brought or continued by the personal
representative of the decedent, but punitive damages shall not be
awarded nor penalties adjudged in any such action brought to recover
damages for personal injury where the death occurs on or before August
thirty-first, nineteen hundred eighty-two. On the trial of any such
action accruing before September first, nineteen hundred seventy-five,
which is joined with an action for causing death, the contributory
negligence of the decedent is a defense, to be pleaded and proved by the
defendant. No cause of action for damages caused by an injury to a
third person is lost because of the death of the third person.
of person in whose favor or against whom cause of action
existed
(a) Action against personal representative for injury to person or
property.
(1) No cause of action for injury to person or property is lost
because of the death of the person liable for the injury. For any
injury, an action may be brought or continued against the personal
representative of the decedent, but punitive damages shall not be
awarded nor penalties adjudged in any such action brought to recover
damages for personal injury. This section extends to a cause of action
for wrongfully causing death and an action therefor may be brought or
continued against the personal representative of the person liable
therefor.
(2) Where death or an injury to person or property, resulting from a
wrongful act, neglect or default, occurs simultaneously with or after
the death of a person who would have been liable therefor if his death
had not occurred simultaneously with such death or injury or between the
wrongful act, neglect or default and the resulting death or injury, an
action to recover damages for such death or injury may be maintained
against the personal representative of such person.
(b) Action by personal representative for injury to person or
property.
No cause of action for injury to person or property is lost because of
the death of the person in whose favor the cause of action existed. For
any injury an action may be brought or continued by the personal
representative of the decedent, but punitive damages shall not be
awarded nor penalties adjudged in any such action brought to recover
damages for personal injury where the death occurs on or before August
thirty-first, nineteen hundred eighty-two. On the trial of any such
action accruing before September first, nineteen hundred seventy-five,
which is joined with an action for causing death, the contributory
negligence of the decedent is a defense, to be pleaded and proved by the
defendant. No cause of action for damages caused by an injury to a
third person is lost because of the death of the third person.