1 Elements and Case Citations
To establish negligence in a wrongful death action, plaintiff must show:
- Defendant owed a legal duty to the decedent;
- Defendant breached that duty;
- Defendant’s breach was the proximate cause of death; and
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- The rest of the elements for this cause of action;
- The citations to the most recent state and federal court cases citing the cause of action;
- The statute of limitations; and
- The defenses to this cause of action.
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