In most states, the defendant in a wrongful death or survival action is barred from raising the defenses he or she could have raised against the decedent, had the decedent lived.

Question

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In most states, the defendant in a wrongful death or survival action can raise the same defenses they could have raised against the decedent had the decedent lived, such as contributory negligence or assumption of risk.

In Most States, the Defendant in a Wrongful Death or Survival