Acts and Regulations

2012, c.104 - Fatal Accidents Act

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Damages if deceased was contributory negligent
11(1)If a person for whose benefit alone or with others an action may be brought under this Act is a tortfeasor, the damages that would otherwise be awarded for his or her benefit shall be reduced in proportion to the degree in which the court finds that his or her wrongful act, neglect or default contributed to the cause of the death of the deceased.
11(2)If the wrongful act, neglect or default of the deceased contributed to the cause of his or her death, the damages that would otherwise be awarded under this Act shall be reduced in proportion to the degree in which the court finds that the deceased’s wrongful act, neglect or default contributed to the cause of his or her death.
R.S.1973, c.F-7, s.4
Damages if deceased was contributory negligent
11(1)If a person for whose benefit alone or with others an action may be brought under this Act is a tortfeasor, the damages that would otherwise be awarded for his or her benefit shall be reduced in proportion to the degree in which the court finds that his or her wrongful act, neglect or default contributed to the cause of the death of the deceased.
11(2)If the wrongful act, neglect or default of the deceased contributed to the cause of his or her death, the damages that would otherwise be awarded under this Act shall be reduced in proportion to the degree in which the court finds that the deceased’s wrongful act, neglect or default contributed to the cause of his or her death.
R.S.1973, c.F-7, s.4