Deaths by Accidents Compensation Act 1952

Part 1 Actions for damages

4 Right of action when death is caused by negligence, etc

(1)

Where the death of a person is caused by any 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 was caused under such circumstances as to amount in law to a crime.

(2)

Any such action shall lie whether the cause of action arose before or after the commencement of this Act.

(3)

Not more than 1 action shall lie under this Act for the same subject-matter of complaint.

(4)

This section is subject to sections 317 and 321 of the Accident Compensation Act 2001.

Compare: 1908 No 39 ss 3, 8; 1936 No 31 s 8; 1950 No 58 s 2

Section 4(4): replaced, on 1 April 2002, by section 337(1) of the Accident Compensation Act 2001 (2001 No 49).

Section 4(4): amended, on 3 March 2010, pursuant to section 5(1)(b) of the Accident Compensation Amendment Act 2010 (2010 No 1).