Should Grandparents and Persons Standing In Loco Parentis Be Permitted to Recover Damages?
This paper discusses whether grandparents and persons standing in loco parentis may recover for the wrongful death of their grandchildren and wards, respectively. Part II of this paper will discuss recovery for wrongful death at common law and by statute in the United States and in England. Part II of this paper will also discuss state statutes that either expressly permit grandparents or persons standing in loco parentis to recover or permit them to recover through intestate succession. Part III will analyze state case law where grandparents and persons standing in loco parentis were either permitted or denied recovery for their grandchild or ward’s wrongful death. Part IV of this paper will discuss wrongful death in Florida, including a historical overview of the cause of action in this state, as well as persuasive case law that discusses recovery by other parties. Part V of this paper will offer recommendations for future wrongful death legislation and court analysis. Finally, Part
