SB 5163, a bill that expands eligibility under both the wrongful death and survival actions statutes, has passed the Legislature and now awaits Governor signature. SB 5163 significantly expands tort liability associated with these claims.

The bill amends both statutes in several important ways:

• Allows parents and siblings to bring an action for adult children over age 18, when that child is unmarried and has no children, regardless of financial dependency;
• Removes the requirement that in order to bring a claim, a parent or sibling must reside in the United States at the time of the decedent’s death;
• Expands noneconomic damages to include the decedent’s pain and suffering, anxiety, emotional distress, or humiliation;
• Applies retroactively to all claims that are not time barred, including any claims pending in court on the effective day of the act.

The bill passed the House with a vote of 61 – 37 and takes effect 90 days after adjournment of the current legislative session, scheduled for April 28.