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.
Mo. Rev. Stat. § 537.085
Defenses to wrongful death action
Known as the Agritourism Promotion Act
The act spans §§ 537–537 (141 sections).
Applied in 2 court decisions — leading case Stern v. Internal Medicine Consultants, II, LLC (2006)
Most recently applied in Thompson v. R.J. Reynolds Tobacco Co. (July 2014)
Effective: 28 Aug 1979; (L. 1955 p. 778 § 537.090, A.L. 1979 S.B. 368)
Official source: Missouri Revisor of Statutes. Reproduced from public-domain Missouri statutes; confirm against the official source for the current text. Not legal advice.