The Senate’s version of the wrongful death expansion bill, SB 5163, passed out of the Senate on a vote of 30 to 17.
SB 5163 would significantly expand city tort liability associated with wrongful death claims. The bill amends the current wrongful death statutes in a few important ways:
- Removing dependency requirements for claimants;
- Allows parents to bring an action for adult children over age 18, when that child is unmarried and has no children;
- Expands noneconomic damages to include the decedent’s pain and suffering, anxiety, emotional distress, or humiliation; and
- Applies retroactively to all claims that are not time barred, as well as any claims pending in any court on the effective day of the act.
A consultant recently completed an analysis of SB 5163 on the anticipated cost impacts to local governments. The report anticipates a 55% increase in claims, with a total additional cost of $7.5 million.
Please reach out to your legislators to express your concerns.