Fatal Accidents Act

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Fatal Accidents MONTSERRAT
CHAPTER 2.09
FATAL ACCIDENTS ACT
Revised Edition showing the law as at 1 January 2002
This is a revised edition of the law, prepared by the Law Revision Commissioner under the authority of the Revised Edition of the Laws Act.
This edition contains a consolidation of the following laws—
Page
FATAL ACCIDENTS ACT 3 Act 4 of 1924 .. in force 19 March 1924
Amended by Acts.: 9 of 1951
24 of 1956
12 of 1980 .. in force 10 October 1980
MONTSERRAT
CHAPTER 2.09
FATAL ACCIDENTS ACT
Revised Edition showing the law as at 1 January 2002
This is a revised edition of the law, prepared by the Law Revision Commissioner under the authority of the Revised Edition of the Laws Act.
This edition contains a consolidation of the following laws—
Page
FATAL ACCIDENTS ACT 3 Act 4 of 1924 .. in force 19 March 1924
Amended by Acts.: 9 of 1951
24 of 1956
12 of 1980 .. in force 10 October 1980
Fatal Accidents CAP. 02.09 3 Revision Date: 1 Jan 2002
LAWS OF MONTSERRAT
CHAPTER 2.09
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 6. Action may be brought by persons beneficially interested where no
executor, etc. 7. Plaintiff to deliver particulars
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CHAPTER 2.09
FATAL ACCIDENTS ACT
(Acts 4 of 1924, 9 of 1951, 24 of 1956 and 12 of 1980)
Commencement
[19 March 1924]
Short title
1. This Act may be cited as the Fatal Accidents Act.
Interpretation
2. (1) In this Act—
“child” includes son, daughter, grandson, granddaughter, stepson and stepdaughter;
“parent” includes father, mother, grandfather, grandmother, stepfather and stepmother.
(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 consequence 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
4 CAP. 02.09 Fatal Accidents Revision Date: 1 Jan 2002
LAWS OF MONTSERRAT
illegitimate person and any adopted person 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 pursuance 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 death caused by wrongful act
3. (1) Where the death of a person is caused by wrongful act, neglect or default, and the act, neglect or default 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 commenced 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.
(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.
Action to be for benefit of certain relatives and brought by executor or administrator of deceased
4. (1) Every such action shall be for the benefit of the wife, husband, parent and child of the person whose death is so caused, and shall be brought by and in the name of the executor or administrator of the person 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.
Fatal Accidents CAP. 02.09 5 Revision Date: 1 Jan 2002
LAWS OF MONTSERRAT
Action to be commenced
5. Every such action shall be commenced within thirty-six calendar months after the death of such deceased person and not more than one action shall lie for and in respect of the same subject matter of complaint. (Amended by Act 12 of 1980)
Action may be brought by persons beneficially interested where no executor, etc.
6. Where there is no executor or administrator of the person deceased, or where although there is such executor or administrator no such action has been brought within six calendar months after the death of such deceased person and 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.
Plaintiff to deliver particulars
7. In any action brought under the provisions of this Act the plaintiff on the record shall deliver with the statement of claim to the defendant, or his solicitor, a statement containing full particulars of the person or persons for whom 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.
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Printed by the Law Revision Unit of the Government of Montserrat Authorised Printers for this revised edition