South Australian Current Acts

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CIVIL LIABILITY ACT 1936 - SECT 28

28—Liability to parents of person wrongfully killed

        (1)         Whenever the death of an infant is caused by a wrongful act, neglect or default, and the act, neglect or default is such as would, if death had not ensued, have entitled the infant to maintain an action to recover damages, the person who would have been liable if death had not ensued shall be liable to pay to the surviving parents or parent of the child such sum—

            (a)         where the death occurred before the commencement of the Wrongs Act Amendment Act 1974 —not exceeding one thousand dollars; or

            (b)         where the death occurred after the commencement of the Wrongs Act Amendment Act 1974 —not exceeding $10 000,

as the court thinks just by way of solatium for the suffering caused to the parents or parent by the death of the child.

        (2)         Where both parents bring an action to recover any sum of money payable under this section, the amount recovered after deducting the costs not recovered from the defendant, shall be divided between the parents in such shares as the court directs.

        (3)         Where both parents survive the child and either of them does not join in bringing an action under this section, the other may bring an action for such amount as he claims to be due to him or her.

        (4)         In this section—

"parent" means the father or mother of a child.



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