The Fatal Accidents Act 1976[1] (c. 30) is an Act of the Parliament of the United Kingdom, that allows relatives of people killed by the wrongdoing of others to recover damages.
| Act of Parliament | |
 | |
| Long title | An Act to consolidate the Fatal Accidents Acts. |
|---|---|
| Citation | 1976 c. 30 |
| Territorial extent | England and Wales[2] |
| Dates | |
| Royal assent | 22 July 1976 |
| Commencement | 1 September 1976[3] |
| Other legislation | |
| Repeals/revokes | |
| Amended by | Administration of Justice Act 1982, ss. 3(1), 73(1) |
Status: Current legislation | |
| Text of statute as originally enacted | |
| Revised text of statute as amended | |
Background
editThe Fatal Accidents Act 1846 had allowed claims for damages by the relatives of deceased persons for the first time. The 1976 act modernised the process and repealed earlier legislation.
The act
editThe act allows claims as stipulated in s. 1(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.
The act allows claims under three heads:[4][5]
- Dependency claim (s. 1) - A claim for economic loss by a restricted class of "dependant" defined in s.1(3).
- Bereavement claim (s. 1A) - A claim in recognition of grief by a further restricted class of "dependant", similar to a solatium in Scottish law. As of 1 May 2020, the amount of the bereavement claim award increased from £11,800 to £15,120.
- Funeral expenses (s. 3(5)) of the dependants.
An award must take account of any social security benefits received (s. 4).[4]
See also
editReferences
edit- ^ a b The citation of this act by this short title is authorised by section 7(1) of this act.
- ^ The Fatal Accidents Act 1976, section 7(3)
- ^ The Fatal Accidents Act 1976, section 7(2)
- ^ a b Dow & Lill (2007)
- ^ Lunney & Oliphant (2003) pp. 855-858
Bibliography
edit- Dow, D.; Lill, J. (2007). Personal Injury and Clinical Negligence Litigation. London: CLP. pp. Ch. 15. ISBN 1-905391-28-5.
- Law Commission (1997) "Consultation Paper - Claims for Wrongful Death", LCCP148
- Law Commission (1999) "Claims for Wrongful Death - A Final Report", LC263
- Lunney, M.; Oliphant, K. (2003). Tort Law: Text and Materials (2nd ed.). Oxford: Oxford University Press. pp. 851–868. ISBN 0-19-926055-9.
- Speiser, S. M. (1988). Recovery for Wrongful Death and Injury (3rd ed.). London: Callaghan. ASIN B001N4HP0A.
External links
edit- The Fatal Accidents Act 1976, as amended from the National Archives.
- The Fatal Accidents Act 1976, as originally enacted from the National Archives.
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