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Fatal Accidents Act 1974

CONSOLIDATED ACTS OF SAMOA 2009

FATAL ACCIDENTS ACT 1974

Arrangement of Provisions

TITLE

1. Short title
2. Interpretation
3. Action maintainable where death is caused by neglect, etc
4. Action to be for benefit of family
5. Action to be brought in name of executor, etc
6. Application of proceeds
7. Money paid into Court may be paid in one sum
8. Only one action shall lie
9. Plaintiff to deliver full particulars of claim made
10. Action may be brought by persons beneficially interested
11. Damages in respect of medical and funeral expenses
12. Repeal

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THE FATAL ACCIDENTS ACT 1974
1974 No.7

AN ACT relating to actions for damages on behalf of the families of persons killed by accident.

(28 August 1974)
(Commencement date 28 August 1974)

1. Short title - This Act may be cited as the Fatal Accidents Act 1974.

2. Interpretation - In this Act, unless the context otherwise requires:

"Child" includes son and daughter and grandson and granddaughter and stepson and stepdaughter, and includes also an illegitimate child.

"Parent" includes father and mother and grandfather and grandmother and stepfather and stepmother.

3. Action maintainable where death is caused by neglect, etc. - Where the death of a person is caused by 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.

4. Action to be for benefit of family - Every such action shall be for the benefit of the wife, husband, parent, and child of the person whose death has been so caused.

5. Action to be brought in name of executor, etc. - Every such action shall be brought by and in the name of the executor or administrator of the deceased person, and the Court may award to the parties respectively for whom and for whose benefit the action was brought damages based on the amount of pecuniary benefit or benefit reducible to money value which such parties might reasonably have expected to derive if the death had not occurred.

6. Application of proceeds - (1) The amount so recovered, after deducting the costs not recovered from the defendant, shall be divided or apportioned amongst the before-mentioned parties in such shares or manner as the Court may determine.

(2) The Court may, in its discretion, order that the money so recovered, or any part thereof, be held on trusts, providing for successive interests therein, or as a class fund, and providing for payment to any party, out of such money or out of the income thereof, of periodic payments or of a lump sum. Where an order is made under this subsection, it shall not be necessary to apportion the money under subsection (1).

7. Money paid into Court may be paid in one sum - If the defendant pays money into Court it shall be sufficient if he or she pays it in one sum for the benefit of all persons entitled under this Act as a compensation for his or her wrongful act, neglect or default without specifying the shares into which it is to be divided.

8. Only one action shall lie - Not more than one action shall lie for the same subject-matter of complaint, and every such action shall be commenced within 3 years after the death of the person deceased.

9. Plaintiff to deliver full particulars of claim made - In every such action the plaintiff on the record shall be required to deliver to the defendant or his solicitor, together with the statement of claim, full particulars of the person or persons for whose benefit the action is brought, and of the nature of the claim in respect of which damages are sought to be recovered.

10. Action may be brought by persons beneficially interested - (1) Where in any of the cases provided for by this Act it happens that there is no executor or administrator of the deceased person, or that there being such executor or administrator no action as herein-before-mentioned is within one year after the death of the deceased person as herein-mentioned brought by and in the name of his or her executor or administrator, then such action may be brought by and in the name or names of all or of 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 the executor or administrator.

(2) Every action so brought shall be for the benefit of the same person or persons and shall be subject to the same procedure as nearly as may be as if it were brought by and in the name of the executor or administrator.

11. Damages in respect of medical and funeral expenses - In any action brought under this Act damages may be awarded in respect of the medical and funeral expenses of the deceased person if such expenses have been incurred by the parties for whose benefit the action is brought.

12. Repeal - The Deaths by Accident Compensation Act 1952 (NZ) is hereby repealed as part of the law of Samoa.

REVISION NOTES 2008

This law has been generally edited as provided for by section 5 of the Revision and Publication of Laws Act 2008. The following general revisions have been made –

(a) References to Western Samoa have been amended to Samoa in accordance with an amendment to the Constitution of Samoa in 1997.

(b) All references to the male gender have been made gender neutral.

(c) Amendments have been made to conform to modern drafting styles and to use modern language as applied in the laws of Samoa.

(d) Amendments have been made to up-date references to offices, officers and statutes.

(e) Other minor editing has been done in accordance with the lawful powers of the Attorney General.

There were no amendments made to this law since the publication of the Western Samoa Statutes Reprint 1978-1996.

This law has been consolidated and revised by the Attorney General under the authority of the Revision and Publication of Laws Act 2008 and is an official version of this Act as at 31 December 2007. It is an offence to publish this Act without approval or to make any unauthorised change to an electronic version of this Act.

Revised and consolidated by Graham Bruce Powell
Under the supervision of Teleiai Lalotoa Sinaalamaimaleula Mulitalo (Parliamentary Counsel)

REVISION NOTES 2008 No. 2

This law has been generally edited as provided for by section 5 of the Revision and Publication of Laws Act 2008. The commencement date is inserted. Where the Act is silent on a commencement date, the date of assent is the date of commencement (Acts Interpretation Act 1974). There were no changes made to this Act since the publication of the Consolidated and Revised Statutes of Samoa 2007.

This law has been consolidated and revised by the Attorney General under the authority of the Revision and Publication of Laws Act 2008 and is an official version of this Act as at 31 December 2008. It is an offence to publish this Act without approval or to make any unauthorised change to an electronic version of this Act.

Revised and consolidated by the Legislative Drafting Division under the supervision of Teleiai Lalotoa Sinaalamaimaleula Mulitalo (Parliamentary Counsel).

REVISION NOTES 2009

There were no amendments made to this law since the publication of the Consolidated and Revised Statutes of Samoa 2007.

This law has been consolidated and revised by the Attorney General under the authority of the Revision and Publication of Laws Act 2008 and is an official version of this Act as at 31 December 2009. It is an offence to publish this Act without approval or to make any unauthorised change to an electronic version of this Act.

Revised and consolidated by the Legislative Drafting Division under the supervision of Malietau Malietoa (Parliamentary Counsel).

The Fatal Accidents Act 1974 is administered in the Ministry of Justice and Courts Administration.