Sullivan v. Rich

We consider whether the estate of a decedent may be held liable in negligence for a dangerous condition on the decedent’s property known to him prior to his death, when the accident that causes injury does not occur until after the decedent’s death. We conclude that where the accident did not occur until after the decedent’s death, no cause of action existed that might survive his death so as to render his estate liable.

1. Background. In July, 2000, Walter Rich purchased property at 231 Bishop Street in Attleboro in his name sole. He lived there with his wife, Kimberly Rich, and their young…