Kilberg Doctrine

Kilberg Doctrine

A principle applied in lawsuits involving conflicts of law that provides that a court in the place where a Wrongful Death action is brought is not bound by the law of the place where the conduct causing death occurred concerning limitations on damages.

The rationale behind the Kilberg doctrine is that laws that set limitations on damages are procedural and, therefore, the law of the forum should be applied.

West's Encyclopedia of American Law, edition 2. Copyright 2008 The Gale Group, Inc. All rights reserved.