FATAL ACCIDENTS LAW OF LAGOS STATE

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LIST OF LAWS OF LAGOS, [ALPHABETICAL]  

FATAL ACCIDENTS LAW

ARRANGEMENT OF SECTIONS 

1.       Death by wrongful act, etc. 

2.       Limitation of action. 

3.       Particulars to be given by plaintiff. 

4.       Assessment of damages. 

5.       Damages on death by contributory negligence. 

6.       Payment into court. 

7.       Savings as to accrued rights. 

8.       Interpretation. 

9.       Citation. 

FATAL ACCIDENTS LAW

A Law to provide for compensation for the Families of Persons killed in accidents.

[1961 No. 34.]

[1st March, 1963]           [Commencement.]

1.   Death by wrongful act, etc.

(1)     Where after the coming into operation of this Law, the death of a person is caused by wrongful act, neglect or default, and the wrongful act, neglect or default 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 will be liable to an action for damages, notwithstanding the death of the person injured.

(2)     Every action under this section shall be for the benefit of the members of the immediate family of the deceased person and will –

(a)     if the deceased person was not subject to a system of customary law, be brought by and in the name of the executor or administrator of the deceased person; or

(b)     if the deceased person was immediately before his death subject to a system of customary law relating to estate, be brought at the option of his immediate family, by and in the name of such person as the court is satisfied is under the customary law, entitled or empowered to represent the deceased person or his estate.

(3)     If there is no executor or administrator, or where there is an executor or administrator but no action is brought by the executor or administrator within six months after the death of the deceased person, then action may be brought by and in the names of all or any of the persons for whose benefit the action would have been, if it had been brought by the executor or administrator; and every action brought shall be for the benefit of the same persons and be subject to the same regulations and procedure, as nearly as may be, as if it had been brought by an executor or administrator.

LAWS OF LAGOS STATE

LAWS OF THE FEDERAL REPUBLIC OF NIGERIA