Section 3

Right of action

of Fatal Accidents and Personal Injuries Act

ActIn forceProvision 3 of 21

(1)

If death is caused by any wrongful act, neglect or default which is such as would (if death had not ensued) have entitled the person injured to maintain an action and recover damages in respect thereof, the person who would have been liable if death had not ensued shall be liable to an action for damages, notwithstanding the death of the person injured.

(2)

Subject to section 4, every such action shall be for the benefit of the dependants of the person (the deceased) whose death has been so caused.

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(3)

In this Part, “dependant” means —

(a)

the wife or husband, or former wife or husband, of the deceased;

(b)

any person who —

(i)

was living with the deceased in the same household immediately before the date of the death;

(ii)

had been living with the deceased in the same household for at least 2 years before that date; and

(iii)

was living during the whole of that period as the husband or wife of the deceased;

(c)

any parent or other ascendant of the deceased;

(d)

any person who was treated by the deceased as his parent;

(e)

any child or other descendant of the deceased;

(f)

any person (not being a child of the deceased) who, in the case of any marriage to which the deceased was at any time a party, was treated by the deceased as a child of the family in relation to that marriage;

(g)

any person who is, or is the issue of, a brother, sister, uncle or aunt of the deceased.

(4)

The reference to the former wife or husband of the deceased in subsection (3)(a) includes a reference to a person whose marriage to the deceased has been dissolved.

(5)

In deducing any relationship for the purposes of subsection (3) —

(a)

any relationship by affinity shall be treated as a relationship by consanguinity, any relationship of the half blood as a relationship of the whole blood, and the stepchild of any person as his child; and

(b)

an illegitimate person shall be treated as the legitimate child of his mother and reputed father.

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(6)

Any reference in this Part to injury includes any disease and any impairment of a person’s physical or mental condition.

Read in full context — Fatal Accidents and Personal Injuries Act →