http://www.legislation.gov.uk/ukpga/1976/30/section/1Fatal Accidents Act 1976An Act to consolidate the Fatal Accidents Acts.1984-08-01texttext/xmlenStatute Law Database2026-07-06Expert Participation2026-06-29 1 1 If death is caused by any wrongful act, neglect or default which 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 shall be liable to an action for damages, notwithstanding the death of the person injured.2Subject to section 1A(2) below, every such action shall be for the benefit of the dependants of the person (“the deceased”) whose death has been so caused.3 In this Act “ dependant ” means— athe wife or husband or former wife or husband of the deceased;aathe civil partner or former civil partner of the deceased;bany person who—iwas living with the deceased in the same household immediately before the date of the death; andiihad been living with the deceased in the same household for at least two years before that date; andiiiwas living during the whole of that period as the husband or wifeor civil partner of the deceased;cany parent or other ascendant of the deceased;dany person who was treated by the deceased as his parent;eany child or other descendant of the deceased;fany person (not being a child of the deceased) who, in the case of any marriage to which the deceased was at any time a party, was treated by the deceased as a child of the family in relation to that marriage;faany person (not being a child of the deceased) who, in the case of any civil partnership in which the deceased was at any time a civil partner, was treated by the deceased as a child of the family in relation to that civil partnership;gany person who is, or is the issue of, a brother, sister, uncle or aunt of the deceased.4The reference to the former wife or husband of the deceased in subsection (3)(a) above includes a reference to a person whose marriage to the deceased has been annulled or declared void as well as a person whose marriage to the deceased has been dissolved.4AThe reference to the former civil partner of the deceased in subsection (3)(aa) above includes a reference to a person whose civil partnership with the deceased has been annulled as well as a person whose civil partnership with the deceased has been dissolved.5In deducing any relationship for the purposes of subsection (3) above—aany relationship by marriage or civil partnership shall be treated as a relationship by consanguinity, any relationship of the half blood as a relationship of the whole blood, and the stepchild of any person as his child, andban illegitimate person shall be treated as—ithe legitimate child of his mother and reputed father, oriiin the case of a person who has a female parent by virtue of section 43 of the Human Fertilisation and Embryology Act 2008, the legitimate child of his mother and that female parent.6Any reference in this Act to injury includes any disease and any impairment of a person’s physical or mental condition.Ss. 1, 1A, 2, 3, 4 substituted for ss. 1—4 by Administration of Justice Act 1982 (c. 53, SIF 122:3), ss. 3(1), 73(1)S. 1 amended (prosp.) by Antarctic Minerals Act 1989 (c. 21, SIF 86), ss. 13(1)(a)(2), 20(2)S. 1(1) excluded by Limitation Act 1980 (c. 58, SIF 79), s. 33(6); extended by Deep Sea Mining (Temporary Provisions) Act 1981 (c. 53, SIF 86), s. 15(1)S. 1(4A) inserted (5.12.2005) by Civil Partnership Act 2004 (c. 33), ss. 83(5), 263(2); S.I. 2005/3175, art. 2(1), Sch. 1S. 1(3)(aa) inserted (5.12.2005) by Civil Partnership Act 2004 (c. 33), ss. 83(2), 263(2); S.I. 2005/3175, art. 2(1), Sch. 1S. 1(3)(fa) inserted (5.12.2005) by Civil Partnership Act 2004 (c. 33), ss. 83(4), 263(2); S.I. 2005/3175, art. 2(1), Sch. 1Words in s. 1(3)(b)(iii) inserted (5.12.2005) by Civil Partnership Act 2004 (c. 33), ss. 83(3), 263(2); S.I. 2005/3175, art. 2(1), Sch. 1Words in s. 1(5)(a) substituted (5.12.2005) by Civil Partnership Act 2004 (c. 33), ss. 83(6), 263(2); S.I. 2005/3175, art. 2(1), Sch. 1S. 1 restricted (25.6.2010) by The Rail Passengers’ Rights and Obligations Regulations 2010 (S.I. 2010/1504), regs. 1(2), 7(1)(a) (with reg. 7(2))S. 1(5)(b) substituted (13.3.2014) by The Marriage (Same Sex Couples) Act 2013 (Consequential and Contrary Provisions and Scotland) Order 2014 (S.I. 2014/560), art. 1(2), Sch. 1 para. 14