Source document: https://docs-lawep.s3.us-east-2.amazonaws.com/1697632313955.pdf (Antigua and Barbuda)
LAWS OF ANTIGUA AND BARBUDA Fatal Accidents (CAP.

166 1 CHAPTER 166 T H E FATAL ACCIDENTS A C T 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 within year.

6.

Action may be brought by persons beneficially interested where no executor, etc.

7 .

Plaintiff to deliver particulars.


FATAL ACCIDENTS (19th March, 1924.)

411924.

911951.

3211956.

1.

This Act may be cited as the Fatal Accidents Act.

Short title.

2.

(1) In this Act- Interpretation.

"child" includes son, daughter, grandson, grand- daughter, stepson and stepdaughter; "parent" includes father, mother, grandfather, grand- mother, stepfather and stepmother.

2 CAP.
166) Fatal Accident5 LAWS OF ANTIGUA AND BARBUDA (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 con- sequence 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 illegitimate person and any adopted per- son 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 pur- suance 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.

Cap.

9.

3.
Cap.

9.

3.

Action may be (1) Where the death of a person is caused by brought where death caused by wrongful act, neglect or default, and the act, neglect or default wrongfu1 act.
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 com- menced 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.

LAWS OF ANTIGUA AND BARBUDA Fatal Accidents (CAP.

166 3 (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.

4.
4.

(1) Every such action shall be for the benefit of t;z;;tto;t:rL;n the wife, husband, parent and child of the person whose death is so caused, and shall be brought by and in the name of broughtby executor or the executor or administrator of the person deceased.

adm;n;,trator deceased.

and (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.

5 .

Every such action shall be commenced within Action to be commenced year.

twelve calendar months after the death of such deceased ,;,hin person and not more than one action shall lie for and in respect of the same subject matter of complaint.

brought by 6.
brought by 6.

Where there is no executor o r administrator of the Action may be person deceased, or where although there is such executor persons or administrator no such action has been brought within six beneficially interested where calendar months after the death of such deceased person and no execute,, .,,.
in the name of his or her executor or administrator, the action may be brought by and in the name o r names of all o r 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 o r 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.
7.

I n any action brought under the provisions of this :ii,"::ff to Act the plaintiff on the record shall deliver with the state- particulars.

ment of claim to the defendant, or his solicitor, a statement containing full particulars of the person or persons for whom 4 CAP.

166) Fatal Accidents LAWS OF ANTIGUA AND BARBUDA 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.