42 Pa. Cons. Stat. § 8301

Death action.

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CHAPTER 83

PARTICULAR RIGHTS AND IMMUNITIES

Subchapter

A. Rights of Action

B. Contribution Among Tort-feasors

C. Immunities Generally

C.1. Protected Public Expression

D. Defamation

E. Wrongful Use of Civil Proceedings

F. Corporate Directors' Liability (Repealed)

F.1. Successor Business Entity Liability

G. Special Damages

H. Drug Nuisances

Enactment. Present Chapter 83 was added July 9, 1976, P.L.586, No.142, effective 60 days from the date of final enactment of the act of April 28, 1978, P.L.202, No.53.

Prior Provisions. Former Chapter 83, which related to bases of jurisdiction, was added November 15, 1972, P.L.1063, No.271, and repealed July 9, 1976, P.L.586, No.142, effective 60 days from the date of final enactment of the act of April 28, 1978, P.L.202, No.53. The subject matter is now contained in Chapter 53 of this title.

Special Provisions in Appendix. See section 4 of Act 72 of 2024 in the appendix to this title for special provisions relating to immunity.

SUBCHAPTER A

RIGHTS OF ACTION

Sec.

8301. Death action.

8302. Survival action.

8303. Action for performance of a duty required by law.

8304. Damages in actions on bad checks.

8305. Actions for wrongful birth and wrongful life.

8306. Defense against claim for injury sustained in utero barred.

8307. Action by parent, guardian or other custodian for damages in the sale or transfer of controlled substances to a child.

8308. Damages in actions on retail theft.

8309. Civil rights violations.

8310. Damages in actions on thefts of leased property.

8311. Damages in actions for conversion of timber.

8312. Profits received as a result of commission of crime.

8313. Agricultural crop destruction.

8314. Assault with biological agent on animal, fowl or honey bees.

8315. Damages in actions for identity theft.

8316. Unauthorized use of name or likeness.

8316.1. Damages in actions for unlawful dissemination of intimate image.

8316.2. Contracts or agreements for nondisclosure of certain conduct.

8317. Actions involving products or services used to invade privacy.

8318. Terrorism action.

8319. Ecoterrorism.

8320. Commemorative service demonstration action.

8320.1. Action for protected public expression.

§ 8301. Death action.

(a) General rule.--An action may be brought, under procedures prescribed by general rules, to recover damages for the death of an individual caused by the wrongful act or neglect or unlawful violence or negligence of another if no recovery for the same damages claimed in the wrongful death action was obtained by the injured individual during his lifetime and any prior actions for the same injuries are consolidated with the wrongful death claim so as to avoid a duplicate recovery.

(b) Beneficiaries.--Except as provided in subsection (d), the right of action created by this section shall exist only for the benefit of the spouse, children or parents of the deceased, whether or not citizens or residents of this Commonwealth or elsewhere. The damages recovered shall be distributed to the beneficiaries in the proportion they would take the personal estate of the decedent in the case of intestacy and without liability to creditors of the deceased person under the statutes of this Commonwealth.

(c) Special damages.--In an action brought under subsection (a), the plaintiff shall be entitled to recover, in addition to other damages, damages for reasonable hospital, nursing, medical, funeral expenses and expenses of administration necessitated by reason of injuries causing death.

(d) Action by personal representative.--If no person is eligible to recover damages under subsection (b), the personal representative of the deceased may bring an action to recover damages for reasonable hospital, nursing, medical, funeral expenses and expenses of administration necessitated by reason of injuries causing death.

(Dec. 20, 1982, P.L.1409, No.326, eff. imd.; July 6, 1995, P.L.309, No.46, eff. 60 days)

1995 Amendment. Act 46 amended subsec. (a). Section 2 of Act 46 provided that Act 46 shall apply to a cause of action that accrues on or after the effective date of Act 46.

1982 Amendment. Act 326 amended subsecs. (a), (c) and (d), retroactive to June 27, 1978.

Notes of Decisions

Cited in 268 cases (55 in the last 5 years), 1974–2026 · leading case: Taylor v. Extendicare Health Facilities, Inc.

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Taylor v. Extendicare Health Facilities, Inc. (2016) pa · cites it 8× “See 42 Pa.C.S. § 8301 (providing that a wrongful death action exists only for the benefit of “the spouse, children or parents of the deceased”).”

Valentino, M., Aplt. v. Phila. Triathlon, LLC (2019) pa · cites it 11× “" 42 Pa.C.S. § 8301. Accordingly, the Superior Court affirmed the trial court's order granting summary judgment in favor of Triathlon.”

Amadio v. Levin (1985) pa · cites it 10× “§ 8302, and whether the parents of a stillborn child can have a cause of action under the Wrongful Death Act, 42 Pa.C.S. § 8301. The battle lines on this issue have been fairly clearly drawn in prior *209 cases and the arsenals of reasoning amassed on each side have for the most…”

Burkett, R. v. St. Francis Country House (2016) pasuperct · cites it 13× “7 See 42 Pa.C.S. § 8301. With regard to the Wrongful Death Act claims, St.”

MacPherson v. Magee Memorial Hospital for Convalescence (2015) pasuperct · cites it 6× “42 Pa.C.S. § 8301 (a), (b), (d) (emphasis added).”

Quinby v. Plumsteadville Family Practice, Inc. (2006) pa · cites it 4× “We also conclude, however, that, contrary to the Superior Court's conclusion, a factual issue remains regarding whether Defendants' negligence caused Decedent's death within the meaning of the Wrongful Death Act, 42 Pa.C.S. § 8301. Finally, we find that, to the extent *1066 it…”

Gillette v. Wurst (2007) pa · cites it 7× “42 Pa.C.S. § 8301(a)-(b) (emphasis added).”

Taylor v. Extendicare Health Facilities, Inc. (2015) pasuperct · cites it 4× “213 nor 42 Pa.C.S. § 8301 prohibits the arbitration of wrongful death and survival claims.”

Kiser v. Schulte (1994) pa · cites it 4× “NOTES [1] The wrongful death action was brought pursuant to 42 Pa.C.S. § 8301, and the survival action was brought pursuant to 42 Pa.”

Ferencz v. Medlock (2012) pawd · cites it 4× “§ 8302; and Count III asserts a wrongful death action under Pennsylvania state law, 42 Pa.C.S. § 8301. Despite amending her Complaint to add herself as a Plaintiff, individually, as the mother of the decedent, Plaintiff did not clearly articulate the legal bases for doing so or…”

Dubose, R. v. Quinlan, M. (2015) pasuperct · cites it 4× “) Pennsylvania’s Wrongful Death Act, 42 Pa.Cons.Stat.Ann. § 8301, allows a spouse, children or parents of a deceased to sue another for a wrongful or neglectful act that led to the death of the deceased.”

Tulewicz v. Southeastern Pennsylvania Transportation Authority (1992) pa · cites it 4× “Thus, I would affirm our previous decision in the case, upholding the judgment entered by the Court of Common Pleas of Philadelphia County.”

Show all 268 citing cases →

— 42 Pa. Cons. Stat. § 8301(a) — 43 cases

Taylor v. Extendicare Health Facilities, Inc. (2016) pa “See 42 Pa.C.S. § 8301 (providing that a wrongful death action exists only for the benefit of “the spouse, children or parents of the deceased”).”

Amadio v. Levin (1985) pa “§ 8302, and whether the parents of a stillborn child can have a cause of action under the Wrongful Death Act, 42 Pa.C.S. § 8301. The battle lines on this issue have been fairly clearly drawn in prior *209 cases and the arsenals of reasoning amassed on each side have for the most…”

Valentino, M., Aplt. v. Phila. Triathlon, LLC (2019) pa “" 42 Pa.C.S. § 8301. Accordingly, the Superior Court affirmed the trial court's order granting summary judgment in favor of Triathlon.”

Taylor v. Extendicare Health Facilities, Inc. (2015) pasuperct “213 nor 42 Pa.C.S. § 8301 prohibits the arbitration of wrongful death and survival claims.”

Quinby v. Plumsteadville Family Practice, Inc. (2006) pa “We also conclude, however, that, contrary to the Superior Court's conclusion, a factual issue remains regarding whether Defendants' negligence caused Decedent's death within the meaning of the Wrongful Death Act, 42 Pa.C.S. § 8301. Finally, we find that, to the extent *1066 it…”

— 42 Pa. Cons. Stat. § 8301(b) — 40 cases

Gillette v. Wurst (2007) pa “42 Pa.C.S. § 8301(a)-(b) (emphasis added).”

MacPherson v. Magee Memorial Hospital for Convalescence (2015) pasuperct “42 Pa.C.S. § 8301 (a), (b), (d) (emphasis added).”

Burkett, R. v. St. Francis Country House (2016) pasuperct “7 See 42 Pa.C.S. § 8301. With regard to the Wrongful Death Act claims, St.”

Cardinal v. Kindred Healthcare, Inc. (2017) pasuperct

Steiner by Steiner v. Bell Tele. Co. (1986) pa

— 42 Pa. Cons. Stat. § 8301(c) — 11 cases

Burkett v. George (1988) pacommwct

Frantz v. HCR Manor Care Inc. (2003) pactcomplschuyl

Guzman v. Cooper (1992) pasuperct

Hartman v. Oh (2004) pactcompllebano

— 42 Pa. Cons. Stat. § 8301(d) — 15 cases

MacPherson v. Magee Memorial Hospital for Convalescence (2015) pasuperct “42 Pa.C.S. § 8301 (a), (b), (d) (emphasis added).”

Kiser v. Schulte (1994) pa “NOTES [1] The wrongful death action was brought pursuant to 42 Pa.C.S. § 8301, and the survival action was brought pursuant to 42 Pa.”

Tulewicz v. Southeastern Pennsylvania Transportation Authority (1992) pa “Thus, I would affirm our previous decision in the case, upholding the judgment entered by the Court of Common Pleas of Philadelphia County.”

Cardinal v. Kindred Healthcare, Inc. (2017) pasuperct

Burkett, R. v. St. Francis Country House (2016) pasuperct “7 See 42 Pa.C.S. § 8301. With regard to the Wrongful Death Act claims, St.”

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