Mississippi SB 2132: Wrongful death; amend provision related to.

Bill Text

S. B. No. 2132 *SS36/R113* ~ OFFICIAL ~ G1/2
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To: Judiciary, Division A
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026

By: Senator(s) Blackmon

SENATE BILL NO. 2132

AN ACT TO AMEND SECTION 11-7-13, MISSISSIPPI CODE OF 1972, TO 1
AUTHORIZE RECOVERY OF EXPENSES OR DAMAGES INCURRED BY THE DECEASED 2
PRIOR TO THE DEATH; TO PROVIDE FOR THE DISTRIBUTION OF DAMAGES 3
REGARDLESS OF WHETHER THE LEGAL REPRESENTATIVE OF THE DECEDENT'S 4
ESTATE IS A PARTY TO THE ACTION UNDER THIS SECTION; AND FOR 5
RELATED PURPOSES. 6
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 7
SECTION 1. Section 11-7-13, Mississippi Code of 1972, is 8
amended as follows: 9
11-7-13. Whenever the death of any person or of any unborn 10
quick child shall be caused by any real, wrongful or negligent act 11
or omission, or by such unsafe machinery, way or appliances as 12
would, if death had not ensued, have entitled the party injured or 13
damaged thereby to maintain an action and recover damages in 14
respect thereof, or whenever the death of any person or of any 15
unborn quick child shall be caused by the breach of any warranty, 16
express or implied, of the purity or fitness of any foods, drugs, 17
medicines, beverages, tobacco or any and all other articles or 18
commodities intended for human consumption, as would, had the 19
death not ensued, have entitled the person injured or made ill or 20

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damaged thereby, to maintain an action and recover damages in 21
respect thereof, and such deceased person shall have left a widow 22
or children or both, or husband or father or mother, or sister, or 23
brother, the person or corporation, or both that would have been 24
liable if death had not ensued, and the representatives of such 25
person shall be liable for damages, notwithstanding the death, and 26
the fact that death was instantaneous shall in no case affect the 27
right of recovery. The action for such damages may be brought in 28
the name of the personal representative of the deceased person or 29
unborn quick child for the benefit of all persons entitled under 30
the law to recover, or by widow for the death of her husband, or 31
by the husband for the death of the wife, or by the parent for the 32
death of a child or unborn quick child, or in the name of a child, 33
or in the name of a child for the death of a parent, or by a 34
brother for the death of a sister, or by a sister for the death of 35
a brother, or by a sister for the death of a sister, or a brother 36
for the death of a brother, or all parties interested may join in 37
the suit, and there shall be but one (l) suit for the same death 38
which shall ensue for the benefit of all parties concerned, but 39
the determination of such suit shall not bar another action unless 40
it be decided on its merits. Except as otherwise provided in 41
Section 11-1-69, in such action the party or parties suing shall 42
recover such damages allowable by law as the jury may determine to 43
be just, taking into consideration all the damages of every kind 44

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to the decedent and all damages of every kind to any and all 45
parties interested in the suit. 46
This section shall apply to all personal injuries of servants 47
and employees received in the service or business of the master or 48
employer, where such injuries result in death, and to all deaths 49
caused by breach of warranty, either express or implied, of the 50
purity and fitness of foods, drugs, medicines, beverages, tobacco 51
or other articles or commodities intended for human consumption. 52
Any person entitled to bring a wrongful death action may 53
assert or maintain a claim for any breach of expressed warranty or 54
for any breach of implied warranty. A wrongful death action may 55
be maintained or asserted for strict liability in tort or for any 56
cause of action known to the law for which any person, 57
corporation, legal representative or entity would be liable for 58
damages if death had not ensued. 59
In an action brought pursuant to the provisions of this 60
section by the widow, husband, child, father, mother, sister or 61
brother of the deceased or unborn quick child, or by all 62
interested parties, such party or parties may recover as damages 63
property damages and funeral, medical or other related expenses 64
incurred by or for the deceased as a result of such wrongful or 65
negligent act or omission or breach of warranty or any expenses or 66
damages incurred by the deceased prior to the death, including 67
personal injury damages during the deceased's lifetime, whether an 68
estate has been opened or not. Any widow, husband, child, father, 69

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mother, sister or brother of the deceased or unborn quick child, 70
or interested party may bring an action pursuant to the provisi