Missouri Statutes

§ 537.085 — Defenses to wrongful death action.

Missouri § 537.085

JurisdictionMissouri

Title XXXVISTATUTORY ACTIONS AND TORTS

Ch. 537Torts and Actions for Damages

This text of Missouri § 537.085 (Defenses to wrongful death action.) is published on Counsel Stack Legal Research, covering Missouri primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Mo. Rev. Stat. § 537.085 (2026).

Text

On the trial of such action to recover damages for causing death, the defendant may plead and prove as a defense any defense which the defendant would have had against the deceased in an action based upon the same act, conduct, occurrence, transaction, 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.

Free access — add to your briefcase to read the full text and ask questions with AI

On the trial of such action to recover damages for causing death, the defendant may plead and prove as a defense any defense which the defendant would have had against the deceased in an action based upon the same act, conduct, occurrence, transaction, 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.

Legislative History

(L. 1955 p. 778 § 537.090, A.L. 1979 S.B. 368)

Nearby Sections

15

§ 537.010

Action for damages to property to survive regardless of death of either party.

§ 537.020

Action for personal injury or death to survive regardless of death of either party.

§ 537.021

Action for damages — personal representative to maintain or defend — exception — action against liability insurer, procedure.

§ 537.030

Section 537.010 not to extend to what action.

§ 537.033

Design professionals — peer review process, requirements.

§ 537.035

Peer review committees — composition, purpose — immunity from civil liability, who, when — disclosure of records prohibited, exceptions — testimony before, discovery and admissibility, limitations.

§ 537.037

Emergency care, no civil liability, exceptions (Good Samaritan law).

§ 537.038

Emergency care or assistance at scene of emergency or accident — immunity from liability.

§ 537.045

Parent or guardian liable for damages by minor, when, limitation — minor's liability — work accepted in lieu of payment.

§ 537.046

Childhood sexual abuse, injury or illness defined — action for damages may be brought, when — nondisclosure agreements unenforceable, when.

§ 537.047

Civil action for damages authorized, sexual and pornographic offenses involving a minor — statute of limitations.

§ 537.050

Civil action not merged in criminal prosecution.

§ 537.053

Sale of alcoholic beverage may be proximate cause of personal injuries or death — requirements — (dram shop law).

§ 537.055

Operation of a motorcycle not evidence of comparative negligence.

§ 537.058

Personal injury, bodily injury, or wrongful death, time-limited demand to settle, requirements.

View on official source ↗

Cite This Page — Counsel Stack

Bluebook (online)

Missouri § 537.085, Counsel Stack Legal Research, https://law.counselstack.com/statute/mo/537.085.