L.R.O. 1/2012
LAWS OF GUYANA
ACCIDENTAL DEATHS AND PERSONAL INJURIES
(DAMAGES) ACT
CHAPTER 99:05
Act
21 of 1916
Amended by
9 of 1940 10 of 1963 13 of 1983 19 of 1990




1 – 8 ... 1/2012
(inclusive) by L.R.O.
Pages Authorised
Current Authorised Pages
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Note
on
Subsidiary Legislation
This Chapter contains no subsidiary legislation.
LAWS OF GUYANA
Accidental Deaths and Personal Injuries (Damages)
Cap. 99:05 3
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CHAPTER 99:05
ACCIDENTAL DEATHS AND PERSONAL INJURIES
(DAMAGES) ACT

ARRANGEMENT OF SECTIONS
SECTION
1. Short title.
2. Interpretation.
PART I
3. Cause of action when death is caused by negligence.
4. For and by whom action to be brought. Action to be commenced
within three years.
5. Plaintiff to deliver particulars.
6. By whom action may be brought where no representative.
7. Payment into court.
PART II
8. Abolition of the doctrine of common employment.
9. Exclusion of certain benefits in assessment of damages.
10. Assessment of damages for widows and widowers.
11. Funeral expenses.
12. Liability of the State for personal injury to persons employed by the
State.
__________________________ 1929 Ed.
c. 265
1953 Ed.
c. 112 _______________________________________________________
21 of 1916
13 of 1983 An Act to make certain provisions relating to damages in
cases of accidental death and personal injury.
[28TH OCTOBER, 1916]
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Short title.
[13 of 1983]

Interpretation.
[9 of 1940
13 of 1983]
c.46:04

c.46:04
1. This Act may be cited as the Accidental Deaths and
Personal Injuries (Damages) Act.
2. (1) In this Act—
“child” includes son and daughter, and grandson and
granddaughter, and stepson and stepdaughter, and a
child adopted under the Adoption of Children Act;
“husband” includes a reputed husband;
“parent” includes father and mother and grandfather and
grandmother, and stepfather and stepmother, and a
person in whose favour an adoption order has been
made under the Adoption of Children Act and, where an
adoption order has been made in favour of two spouses,
both such spouses;
“personal injury” includes any disease and any impairment of
the physical or mental condition of a person;
“wife” includes a reputed wife.
(2) For the purposes of this Act a person shall be
deemed to be the parent or child of the deceased person
notwithstanding that he was only related to him
illegitimately; and accordingly in deducing any relationship
which, under this Act only, is included within the meaning of
the expressions “parent” and “child” any illegitimate person
shall be treated as being, or as having been, the legitimate
offspring of his mother and reputed father.
(3) The last preceding subsection shall not apply in
relation to any action in respect of the death of any person
before the 21st March, 1940.

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Accidental Deaths and Personal Injuries (Damages)
Cap. 99:05 5
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Cause of action
when death is
caused by
negligence.
[9 of 1940
13 of 1983]

For and by
whom action to be
be brought.
[10 of 1963]
Action to be
commenced
within three
years.
Plaintiff to
deliver
particulars.
PART I
3. Whenever the death of a person is caused by
wrongful act, neglect, or default, and the act, neglect, or
default is that which would (if death had not ensued) have
entitled the party injured to maintain an action and recover
damages in respect thereof, then 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 has been caused in circumstances
amounting in law to felony.
4. The action shall be brought in the High Court and
shall be for the benefit of the wife, husband, parent, and child
of the person whose death has been so caused, and shall be
brought by and in the name of the executor or administrator
of the person deceased; and in the action the Court may give
the damages it thinks proportioned to the injury resulting
from the death to the parties respectively for whom and for
whose benefit the action is brought; and the amount so
recovered, after deducting the costs not recovered from the
defendant, shall be divided amongst the before-mentioned
parties in the shares the Court finds and directs:
Provided that—
(a) not more than one action shall lie for and in
respect of the same subject matter of
complaint; and
(b) every action shall be commenced within
three years after the death of the deceased
person.
5. In the action the plaintiff on the record shall be
required to deliver to the defendant or his attorney, together
with the statement of claim, full particulars of the person or
persons for whom and on whose behalf the action is brought,
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By whom
action may be
brought where
no
representative.

Payment
into court.

Abolition of the
doctrine of
common
employment.
[13 of 1983]
and of the nature of the claim in respect of which damages are
sought to be recovered.
6. If and so often as it happens at any time hereafter,
in any of the events intended and provided for by this Act,
that there is no executor or administrator of the person
deceased, or that, there being that executor or administrator,
the action in this Act mentioned has not, within six calendar
months after the death of the deceased person herein
mentioned, been brought by and in the name of his or her
executor or administrator, then 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 it would have been brought if it
had been brought by and in the name of the 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 the executor or
administrator.
7. If the defendant is advised to pay money into court
it shall suffice that he pay it as a compensation in one sum to
all persons entitled under this Act for his wrongful act,
neglect, or default, without specifying the shares into which it
is to be divided, and if that sum is not accepted and an issue
is taken by the plaintiff as to its sufficiency, the Court thinks it
sufficient, the defendant shall be entitled to judgment upon
that issue.
PART II
8. (1) It shall not be a defence to an employer who is
sued for recovery of damages in respect of personal injury, or
in respect of death resulting from personal injury, caused by
the negligence of a person employed by him, that that person
was at the time the injury was caused in common
employment with the person injured.

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Accidental Deaths and Personal Injuries (Damages)
Cap. 99:05 7
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Exclusion of
certain benefits
in assessment
of damages.
[13 of 1983]

c. 36:01
(2) Any provision contained in a contract of service
or apprenticeship, or in an agreement collateral thereto,
(including a contract or agreement entered into before the
commencement of this section shall be void in so far as it
would have the effect of excluding or limiting any liability of
the employer in respect of personal injury, or in respect of
death resulting from personal injury, caused to the person
employed or apprenticed by the negligence of persons in
common employment with him.
PART III
9. In assessing damages in an action for recovery of
damages in respect of personal injury or in respect of death
resulting from personal injury no account shall be taken of
any of the following moneys paid or payable as a result of the
injury or death—
(a) payments under any contract of insurance
(including the return of premiums);
(b) benefits under the National Insurance and
Social Security Act or any other written law
relating to social security, notwithstanding
anything contained in that Act or other
written law;
(c) payments by a friendly society or similar
body or a trade union for the relief or
maintenance of its members or of the
dependants of deceased members;
(d) payments by way of pension or gratuity
under any written law, pension scheme or
agreement (including the return of any
contributions or the payment of any lump-
sum in respect of any service).

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Assessment of
damages for
widows and
widowers.
[13 of 1983
19 of 1990]

Funeral
expenses.
[13 of 1983]

Liability of the
State for
personal injury
to persons
employed by
the State.
[13 of 1983]
10. In assessing damages payable to a widow or
widower in respect of the death resulting from personal
injury of the deceased spouse there shall not be taken into
account the remarriage of the widow or the widower or his or
her prospects of remarriage.
11. In any action for recovery of damages in respect of
death resulting from personal injury, 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.
12. The liability of an employer for damages in respect
of personal injury, or in respect of death resulting from
personal injury, caused to a person employed by him shall
extend to the State in respect of persons employed by the
State as if the State were a private person of full age and
capacity.
_________________