Fatal Accidents (CAP. 166 1

CHAPTER 166

T H E FATAL ACCIDENTS ACT

Arrangement of Sections
Section

1. Short title.
2. Interpretation.
3. Action may be brought where death caused by wrongful

act.
4. Action to be for benefit of certain relatives and brought

by executor or administrator of deceased.
5. Action to be commenced within year.
6. Action may be brought by persons beneficially interested

where no executor, etc.
7 . Plaintiff to deliver particulars.

FATAL ACCIDENTS

(19th March, 1924.) 411924.
911951.

3211956.

1. This Act may be cited as the Fatal Accidents Act. Short title.

2. (1) In this Act- Interpretation.

"child" includes son, daughter, grandson, grand-
daughter, stepson and stepdaughter;

"parent" includes father, mother, grandfather, grand-
mother, stepfather and stepmother.

LAWS OF ANTIGUA AND BARBUDA

2 CAP. 166) Fatal Accident5

Cap. 9.

(2) For the purposes of this Act a person shall be deemed
to be the parent or child of a deceased person notwithstanding
that he was only related to him illegitimately or in con-
sequence of adoption; and accordingly in deducing any
relationship which under the provisions of this Act only is
included within the meaning of the expressions "parent"
and "child", any illegitimate person and any adopted per-
son shall be treated as being, or as having been, the legitimate
offspring of his mother and reputed father or, as the case
may be, of his adopters.

In this subsection the expression "adopted person"
means a person who has been adopted, whether before or
after the coming into operation of this subsection, in pur-
suance of an adoption order made under the Adoption of
Children Act.

(3) The provisions of the preceding subsection shall not
apply in relation to any action in respect of the death of any
person occurring before the coming into operation of that
subsection.

Action may be
brought where

3. (1) Where the death of a person is caused by
death caused by wrongful act, neglect or default, and the act, neglect or default
wrongfu1 act. is such as would if death had not ensued, have entitled the

party 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 and
although the death is caused in such circumstances as amount
in law to felony.

(2) In assessing damages in any action, whether com-
menced before or after the coming into operation of this
subsection, brought under this Act, there shall not be taken
into account any sum paid or payable on the death of the
deceased under any contract of assurance or insurance,
whether made before or after the coming into operation of
this subsection.

(3) In any action brought under this Act, damages may
be awarded in respect of the funeral expenses of the deceased
person if such expenses have been incurred by the parties
for whose benefit the action is brought.

LAWS OF ANTIGUA AND BARBUDA

Fatal Accidents (CAP. 166 3

(4) The provisions of the preceding subsection shall not
apply in relation to any action in respect of the death of any
person before the coming into operation of that subsection.

4. (1) Every such action shall be for the benefit of t;z;;tto;t:rL;n
the wife, husband, parent and child of the person whose death and
is so caused, and shall be brought by and in the name of broughtby

executor or
the executor or administrator of the person deceased. adm;n;,trator

deceased.

(2) The jury in any such action may give such damages
as they may think proportioned to the injury resulting from
such death to the parties respectively for whom and for whose
benefit such action is brought.

(3) The amount so recovered, after deducting the costs
not recovered from the defendant, shall be divided amongst
the aforesaid persons in such shares as the jury by their verdict
shall find and direct.

5 . Every such action shall be commenced within Action to be
commenced

twelve calendar months after the death of such deceased ,;,hin year.
person and not more than one action shall lie for and in
respect of the same subject matter of complaint.

6. Where there is no executor or administrator of the Action may be
brought by person deceased, or where although there is such executor persons

or administrator no such action has been brought within six beneficially
interested where calendar months after the death of such deceased person and no execute,, .,,.

in the name of his or her executor or administrator, the action
may be brought by and in the name or names of all or any
of the persons (if more than one) for whose benefit such action
would have been, if it had been brought by and in the name
of such executor or administrator, and every action so
brought shall be for the benefit of the same person or persons
and shall be subject to the same regulations and procedure,
as nearly as may be, as if it were brought by and in the
name of such executor or administrator.

7. In any action brought under the provisions of this :ii,"::ff to
Act the plaintiff on the record shall deliver with the state- particulars.
ment of claim to the defendant, or his solicitor, a statement
containing full particulars of the person or persons for whom

LAWS OF ANTIGUA AND BARBUDA

4 CAP. 166) Fatal Accidents

and on whose behalf such action is brought and of the nature
of the claim in respect of which damages are sought to be
recovered.