Fatal Accidents Act 1976

United Kingdom legislation
  • Fatal Accidents Act 1846
  • Fatal Accidents Act 1864
Amended byAdministration of Justice Act 1982, ss. 3(1), 73(1)
Status: Current legislation
Text of statute as originally enactedRevised text of statute as amended

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.

Background

The 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 The 1976 act modernised the process and repealed earlier legislation.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

The 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

  • Fatal Accidents Act

References

  1. ^ a b The citation of this act by this short title is authorised by section 7(1) of this act.
  2. ^ The Fatal Accidents Act 1976, section 7(3)
  3. ^ The Fatal Accidents Act 1976, section 7(2)
  4. ^ a b Dow & Lill (2007)
  5. ^ Lunney & Oliphant (2003) pp. 855-858

Bibliography

  • 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

  • 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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