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St. John's, Newfoundland and Labrador, Canada

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Revised Statutes of Newfoundland 1990


CHAPTER F-6

AN ACT RESPECTING COMPENSATION TO FAMILIES OF DECEASED PERSONS WHEN DEATH OCCURS THROUGH NEGLIGENCE

Analysis

1. Short title

2. Definitions

3. An action maintainable

4. By whom action brought

5. Where no action brought

6. Damages

7. Consideration

8. Particulars of claim

9. Funeral expenses


Short title

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

RSN1970 c126 s1

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Definitions

2. In this Act

(a) "child" includes a son, daughter, grandson, grand-daughter, step-son, step-daughter, an adopted child and a person to whom the deceased stood in the place of a parent; and

(b) "parent" includes a father, mother, grandfather, grandmother, step-father, step-mother, an adoptive parent and a person who stood in the place of a parent to the deceased.

RSN1970 c126 s8; 1971 No9 s2; 1971 No14 s2;
1988 c61 s86

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An action maintainable

3. (1) Where the death of a person is caused by a wrongful act, neglect or default and the act, neglect or default would have entitled the party injured to maintain an action and recover damages, then the person who would have been liable if death had not ensued is liable to an action for damages, notwithstanding the death of the person injured.

(2) A criminal charge in relation to the death of a person referred to in subsection (1) does not bar an action for damages under subsection (1).

RSN1970 c126 s2

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By whom action brought

4. An action under this Act is for the benefit of the wife, husband, parent and child of the person whose death is caused, and is brought by and in the name of the executor or administrator of the person deceased.

RSN1970 c126 s3

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Where no action brought

5. Where, in a case under section 3, there is no executor or administrator of the person deceased, or, where there is an executor or administrator and no action is brought within 6 calendar months after the death of the deceased in the name of his or her executor or administrator, then the action may be brought by and in the name of the persons for whose benefit the action 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, and is subject to the same regulations and procedure as if it were brought in the name of the executor or administrator.

RSN1970 c126 s4

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Damages

6. (1) In an action brought under this Act the jury may award the damages that they think are proportional to the injury resulting from the death to the parties for whose benefit the action was brought, and the amount so recovered shall be divided among those parties, in the shares that the jury by their verdict finds and directs.

(2) Where the defendant is advised to pay money into court, the defendant may pay in compensation a lump sum to all persons entitled under this Act for his or her wrongful act, neglect or default, without specifying the shares into which it is to be divided by the jury.

(3) Where the sum is not accepted and an issue is taken by the plaintiff as to its sufficiency, and the jury considers it sufficient, the defendant shall be entitled to the verdict upon that issue.

(4) Only 1 action may be taken for and in respect of the same subject matter of complaint; and every action shall be commenced within 12 calendar months after the death of the person.

RSN1970 c126 s5

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Consideration

7. In assessing damages in an action brought under this Act, there shall not be taken into account

(a) a sum paid or payable on the death of the deceased under a contract of insurance; or

(b) a premium that would have been payable in future under a contract of insurance if the deceased had survived.

RSN1970 c126 s6

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Particulars of claim

8. (1) In an action brought in the name of the executor or administrator of the deceased, the plaintiff on the record is required, together with the declaration, to deliver to the defendant or the defendant's attorney a full particular of the person for whom and on whose behalf the action is brought.

(2) In all actions brought under this Act the plaintiff on the record is required, together with the declaration, to deliver to the defendant or his or her attorney a full particular of the nature of the claim in respect of which damages are sought to be recovered.

RSN1970 c126 s7

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Funeral expenses

9. Where an action is brought under this Act, there may, whether or not other money is awarded as damages, be awarded as damages an amount sufficient to cover the reasonable expenses of the funeral and disposal of the body of the person deceased where those expenses were incurred by the persons for whose benefit or by whom the action is brought.

1971 No9 s3; 1971 No14 s2; 1988 c25 s1

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