Brian Evans wrote:
>
> It seems clear, and in fact pretty understandable in many respects, that
> one's personal assumption of risk doesn't flow down to one's heirs,
> particularly when a widow may be suddenly facing some pretty fierce
> personal and financial issues.
Technically speaking, one cannot waive the rights of the heirs to file a
wrongful death claim. However, if one assumes the risk, thereby
relieving the defendant of a duty of care to that person, that
constitutes a valid defense to the heirs' claim.
Tom M
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