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Ireland

Fatal Injuries Act, 1956

In short

This law makes better provisions for compensating family members of a person who dies due to someone else's wrongful act or default. It allows dependants to seek damages for the injury they suffer as a result of the death.

What it regulates

  • Actions for damages when a death is caused by a wrongful act, neglect, or default.
  • The types of damages that can be awarded, including for funeral and other expenses.
  • What sums are not to be considered when assessing damages.
  • The continuation of liability even after the death of the person who caused the fatal injury.

Who it concerns

  • Dependants of a person whose death is caused by a wrongful act, neglect, or default.
  • Individuals or entities whose wrongful act, neglect, or default causes a death.

Key points

  • Only one action can be brought for a death.
  • An action must be commenced within three years after the death.
  • Damages are awarded for the injury resulting from the death to each dependant, and also for funeral and other expenses.
  • Insurance payouts, pensions, or similar benefits due to the death are not counted when assessing damages.
Legal text
Legal text

Fatal Injuries Act, 1956 Skip to content Disclaimer Feedback Helpdesk Gaeilge Léim go dtí an t-ábhar Séanadh Aiseolas Deasc chabhrach English Gaeilge English Produced by the Office of the Attorney General Táirgthe ag Oifig an Ard-Aighne Home Legislation Acts of the Oireachtas Statutory Instruments Pre-1922 Legislation Constitution External Resources Bills (Houses of the Oireachtas) Iris Oifigiúil / Official Gazette Revised Acts (LRC) Classified List of Legislation (LRC) Translations (acts.

  1. ie)Translations (Houses of the Oireachtas) Government Publications for Sale EU Law (EUR-Lex) FAQ Disclaimer Feedback Helpdesk Search Baile Reachtaíocht Achtanna an Oireachtais Ionstraimí Reachtúla Reachtaíocht Réamh-1922 Bunreacht Acmhainní Seachtracha Billí (Tithe an Oireachtais) Iris Oifigiúil Achtanna Athbhreithnithe (CAD) (An Coimisiún um Athchóiriú an Dlí) Liosta Rangaithe Reachtaíochta Aistriúcháin (achtanna.
  2. ie)Aistriúcháin (Tithe an Oireachtais) Foilseacháin Rialtais ar Díol Dlí AE (EUR-Lex) CCanna (Ceisteanna Coitianta) Séanadh Aiseolas Deasc chabhrach Cuardach TitleTeideal Year(
  3. s)or rangeBliain nó blianta nó raon TypeCineál All Legislation Acts Statutory Instruments Advanced SearchCuardach Casta HomeBaile ActsAchtanna 1956 Fatal Injuries Act, 1956 Fatal Injuries Act, 1956 Permanent Page URL View by SectionAmharc de réir Ailt View Full ActAmharc ar an Acht Iomlán Bill History Stair Bille Commencement, Amendments, SIs made under the Act Tosach Feidhme, Leasuithe, IRí arna ndéanamh faoin Acht Print Full ActPriontáil an tAcht Iomlán Number 3 of 1956. FATAL INJURIES ACT, 1956. ARRANGEMENT OF SECTIONS Section 1. Commencement. 2. Definitions. 3. Action where death caused by wrongful act, neglect, or default. 4. Damages. 5. Sums not to be taken into account in assessing damages. 6. Survival of cause of action on death. 7. Death caused by negligent driving of State-owned vehicle. 8. Adaptation of references to repealed Acts. 9. Repeals. 10. Short title. SCHEDULE. Enactments Repealed. Act Referred to Adoption Act, 1952 No. 25 of 1952 Number 3 of 1956. FATAL INJURIES ACT, 1956. AN ACT TO MAKE BETTER PROVISION FOR COMPENSATING MEMBERS OF THE FAMILY OF ANY PERSON KILLED BY THE WRONGFUL ACT OR DEFAULT OF ANOTHER. [14th February, 1956.] BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:— Commencement. 1.—

(1)This Act shall come into operation on the first day of April, 1956.
(2)This Act shall not apply in relation to the death of any person before the commencement of this Act. Definitions. 2.—
(1)In this Act— “dependant”, in relation to a person whose death is caused by a wrongful act, neglect, or default, means any member of the family of the deceased who suffers loss; “member of the family” means wife, husband, father, mother, grandfather, grandmother, stepfather, stepmother, son, daughter, grandson, granddaughter, stepson, stepdaughter, brother, sister, half-brother, half-sister; “wrongful act, neglect, or default” includes a crime.
(2)In deducing any relationship for the purposes of this Act,— (
  1. a)a person adopted under the Adoption Act, 1952 (No. 25 of 1952), shall be considered the legitimate offspring of the adopter or adopters; (
  2. b)subject to paragraph (a), an illegitimate person shall be considered the legitimate offspring of his mother and reputed father; (
  3. c)a person in loco parentis to another shall be considered the parent of that other. Action where death caused by wrongful act, neglect, or default. 3.—
(1)Where the death of a person is caused by the wrongful act, neglect, or default of another such as would have entitled the party injured, but for his death, to maintain an action and recover damages in respect thereof, the person who would have been so liable shall be liable to an action for damages for the benefit of the dependants of the deceased.
(2)Only one action may be brought in respect of the death.
(3)The action may be brought by the personal representative of the deceased or if, at the expiration of six months from the death, there is no personal representative or no action has been brought by the personal representative, by all or any of the dependants.
(4)The action, by whomsoever brought, shall be for the benefit of all the dependants.
(5)The plaintiff shall furnish the defendant with particulars of the person or persons for whom and on whose behalf the action is brought and of the nature of the claim in respect of which damages are sought to be recovered.
(6)The action shall be commenced within three years after the death. Damages. 4.—
(1)The damages under section 3 shall be the total of such amounts as the jury or the judge, as the case may be, may think proportioned to the injury resulting from the death to each of the dependants, respectively, for whom or on whose behalf the action is brought, and each such amount shall be separately indicated in the award.
(2)In addition, damages may be awarded in respect of funeral and other expenses actually incurred by the deceased, the dependants or the personal representative by reason of the wrongful act, neglect, or default.
(3)It shall be sufficient for a defendant, in paying money into court in the action, to pay it in one sum as compensation for all the dependants without apportioning it between them.
(4)The amount recovered in the action shall, after deducting the costs not recovered from the defendant, be divided among the persons entitled in such shares as the jury or the judge, as the case may be, may have determined. Sums not to be taken into account in assessing damages. 5.—In assessing damages under this Act account shall not be taken of— (
  1. a)any sum payable on the death of the deceased under any contract of insurance, (
  2. b)any pension, gratuity or other like benefit payable under statute or otherwise in consequence of the death of the deceased. Survival of cause of action on death. 6.—
(1)The liability of any person under this Act shall not be limited to himself or be terminated by his death but shall continue after his death and be a liability of his real and personal estate in like manner and with the like priority as a debt or other liability under a simple contract and proceedings under this Act may be instituted against his personal representative in respect thereof.
(2)Proceedings instituted against any person under this Act shall not abate on his death but may be continued against his personal representative. Death caused by negligent driving of State-owned vehicle. 7.—
(1)Where the death of a person is caused by the negligent driving, management or control of a mechanically propelled vehicle belonging to the State, the Minister for Finance shall be liable to an action for damages under this Act for the benefit of the dependants of the deceased.
(2)Notwithstanding anything contained in any other enactment, the proceedings may be brought against the Minister for Finance without obtaining the fiat of the Attorney General.
(3)Every plea in defence which would be open to a master sued for damages in respect of the negligence of his servant (including the plea of contributory negligence and also pleas to the effect that the person in respect of whose negligence the damages are claimed was not acting in the course of his employment) shall be open to the Minister for Finance and, if proved, shall be a good defence to the same extent as if the Minister were in fact the master of the said person.
(4)Nothing in this section shall operate to relieve any person from liability in respect of loss caused by his own negligence. Adaptation of references to repealed Acts. 8.—A reference in any enactment to the Fatal Accidents Acts, 1846 to 1908, or to any of them shall be construed as a reference to this Act. Repeals. 9.—The enactments referred to in the Schedule to this Act are, to the extent specified in column
(3), hereby repealed. Short title. 10.—This Act may be cited as the Fatal Injuries Act, 1956. SCHEDULE. Enactments Repealed. Section 9 . Session and Chapter or Number and Year. Short Title. Extent of Repeal.
(1)
(2)
(3)9 & 10 Vic. c.
  1. Fatal Accidents Act,
  2. The whole Act. 27 & 28 Vic. c.
  3. Fatal Accidents Act,
  4. The whole Act. 8 Edw.
  5. c.
  6. Fatal Accidents (Damages) Act,
  7. The whole Act. No. 48 of
  8. Courts of Justice Act, 1936 . Section 83 . No. 25 of
  9. Adoption Act, 1952 . Paragraph (a) of section
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AI explanation based on the official legal text. Indicative, not a substitute for legal advice.