What if the decedent was partially at fault in causing their own death?
California is a comparative fault state; thus, even if the decedent was partially at fault in the incident in question, the heirs can still maintain an action against any other person or entity who was also at fault. However, the recovery of the heirs will be limited by the percentage of the decedent’s fault. Thus, if the heirs are awarded $2,000,000 but the decedent is found to be 50% at fault, the recovery will be limited to $1,000,000.
