In Klairmont v. Gainsboro Restaurant, Inc., 465 Mass. 165 (2013), the Massachusetts Supreme Judicial Court [SJC] clarified a number of issues about the interrelation of the wrongful death statute, G.L. c. 229, consumer protection claims under G.L. c. 93A and the survival statute, G.L. c. 228, §1.
Recently, defense interests had been arguing that claims arising out of a death were limited to wrongful death claims based on negligence theories. The SJC flatly rejected such an argument by holding that consumer protection claims under G.L. c. 93A can be brought under the survival statute by the Administrators of an Estate and that they are a distinct cause of action from common law wrongful death claims.