FATAL ACCIDENT AS A TORT

Introduction

The tort of fatal accident refers to a legal claim that can be pursued when a person dies as a result

of another person's negligence or intentional act. This tort allows the deceased person's family

members or beneficiaries to seek compensation for the loss of their loved one. When a fatal

accident occurs, it is crucial for the affected individuals to understand their rights and consult

with an experienced attorney to navigate through the legal process. By pursuing a claim, they can

potentially hold the responsible party accountable and obtain the financial support they need to

cope with the emotional and financial aftermath of the tragedy. This assignment underscores the

tort of fatal accident: its meaning, scope, claims, etc. in a bid to educate individuals on the legal

aspects surrounding fatal accidents.

Definition of Fatal Accident

According to Statistics Finland', an accident in which a person involved has died within 30 days

from the accident as a consequence of the accident, excluding deaths from acute fits of illness.

This definition shows that a fatal accident refers to an incident where someone loses their life

within a month after the accident, as a direct result of the accident itself. It excludes deaths

caused by sudden illnesses. This definition helps to provide clarity and consistency when

reporting and analyzing fatal accidents, allowing for accurate statistical data to be gathered and

studied. It also highlights the seriousness and potential long-term consequences of such

accidents.

Scope of Fatal Accident in Line with the Fatal Accident Act

As already seen from the definition above, the death must have occurred thirty days after the

accident. An accident in which a person involved in which a person has died within thity (30)

days from the accident as a consequence of the accident, excluding deaths from acute fits for

illness, constitutes a fatal accident. Other scope range from the Limitation period of which a

person can bring an action in case of fatal accident, who can bring an action and what claims can
be instituted: which are estate claims and dependent claims.

Things to Prove in Fatal Accident

1. It must be proved that the death was a resultant effect of the act: whether it was

intentional or unintentional. The burden of proof lies on the prosecution to establish :

causal link between the act and the death. Key evidence such as witness testimonies,

medical reports, and forensic analysis are crucial in determining the cause of death and

establishing the accused's culpability. Without sufficient evidence, it becomes challenging

to attribute the death directly to the act in question, making it difficult to obtain a

conviction for a fatal accident.

2. It must be proved that the act of the defendant was wrongful act, and that there was

negligence or default by the defendant: This can be established by demonstrating that the

defendant failed to exercise reasonable care or disregarded their duty of care towards the

victim. It must be shown that the defendant's wrongful act directly caused the fatal

accident. Legal proceedings will then determine the liability and potential compensation for the
victim's family, taking into account the extent of the defendant's negligence and

the impact of the accident on the victim's life and dependents.

3. It must be proved that the Dependent must have suffered a loss of dependency: this can

include financial loss due to the deceased's income, loss of guidance and support, loss of

companionship, and loss of inheritance. The court will consider factors such as the age of

the dependent, their relationship with the deceased, and their financial situation

Additionally, it must also be established that the fatal accident was caused by the

negligence or misconduct of another party in order to pursue a legal claim for

compensation.

Actions that may Arise from Fatal Accident

Although there is no cause of action that may arise against a dead person Actio personalis

moritur cum persona", whenever the death of a person shall be 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 party who

would have been liable if death had not ensued shall be liable to an action or suit for damages.

notwithstanding the death of the person injured, and although the death shall have been caused

under such circumstances as amount in law to felony or other crime. Every such action or suit

shall be for the benefit of the wife, husband, parent and child, if any, of the person whose death

shall have been so caused, and shall be brought by and in the name of the executor. administrator

or representative of the person deceased; and in every such action the Court may give such

damages as it may think proportioned to the loss resulting from such death to the parties

respectively, for whom and for whose benefit such action shall be brought; and the amount so

recovered, after deducting all costs and expenses, including the costs not recovered from the

defendant, shall be divided amongst the before mentioned parties, or any of them, in such shares

as the Court by its judgment or decree shall direct.

Parties in a Suit for Fatal Accident

Once a party dies in fatal accident, no cause of action arises against the dead person. However,

the dependents can institute a suit for the fatal accident. The parties who may so do are:

• The spouse or former spouse of the deceased;

• The civil partner or fomer civil partner of the deceased:
• A person who was living as the spouse or civil partner of the deceased, in the same

household, immediately before the date of the death and had been so living for at least

two years

• Any parent or other ascendant of the deceased or person treated by the deceased as

his parent;

• Any child' or other descendant of the deceased or any person who has been treated by

the deceased as a child of the family in relation to any marriage or civil partnership of

the deceased; and

• Any person who is, or is the issue of, a brother, sister, uncle or aunt of the deceased.

Defences in an Action for Fatal Accident

a. The case is time barred: Under the Limitation Act 1980 (LA 1980), an individual

claiming for personal injury compensation must start formal proceedings within three

years of the date of the accident, or within three years of the date of knowledge of their

potential claim for personal injury compensation, no suit can arise after this period

b. the accident or incident was not caused by the defendant;

c. the accident or incident was partly caused by the claimant:

d. the accident was caused by a third party, not the defendant;

e. the defendant had no legal duty of care towards the claimant;

f. the injuries or condition were not caused by the accident or incident.

g. Contributory negligence

Conclusion

Conclusively, the tort of fatal accident allows the dependents of the deceased to seek

compensation for the loss of their loved one. This compensation can include funeral expenses,

loss of financial support, and emotional distress. Hence, the purpose of bringing an action against

the defendant in fatal accident cases is to ensure that the dependents are adequately compensated

for the various losses they have suffered as a result of the accident. By holding the defendant

accountable for their actions, it serves as a deterrent to prevent similar accidents from occurring

in the future. The tort of fatal accident plays a crucial role in providing justice and support to the

families affected by such tragic events.