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Flawed Justice: Limitation Of Parental Remedies For The Loss Of Consortium Of Adult Children, William S. Bailey

Articles

This article presents the inherent contradiction between a parent-child relationship that has steadily evolved from the early 20th Century to the present and the multitude of court decisions on damages that remain studiously ignorant of this shift.

Part I of the article will set forth the common law origins of restrictions on recovery for wrongful death within the context of a shifting view of children from economic units to objects of adoration. Part II will examine the devastating impact that the loss of an adult child has on parents both from their perspectives and from now existing research.

In the …

The Action For Wrongful Death In Washington, Bryant Brady

Washington Law Review

The first statute giving a right of action for the death of a human being, Lord Campbell's Act was adopted in England in 1846. New York adopted a similar statute, a year later. At the present time all American jurisdictions have statutes conferring a right of action for wrongful death. These statutes differ widely in their terms, particularly as to the person authorized to bring the action, and as to those for whose benefit the action is prosecuted. The statutes, however, fall into two distinct classes. Statutes of the first and by far the larger group, following Lord Campbell's Act, …