sec.64Liability for a death

### sec.64 Liability for a death This section applies if— a death is caused by a wrongful act or omission, whether or not an offence; and the act or omission would, if death had not resulted, have entitled the deceased person to recover damages in a proceeding for personal injury. The person who would have been liable if the death had not resulted is liable for damages despite the death and whether or not the death was caused by circumstances that were an offence. In a proceeding under this part, a court may award to the members of the deceased person’s family the damages it considers to be proportional to the damage to them resulting from the death. The amount of damages awarded to a person under a legal incapacity may include an amount for management fees relating to the amount awarded to the person. s 64 amd 2019 No. 34 s 8 (sec.64-ssec.1) This section applies if— a death is caused by a wrongful act or omission, whether or not an offence; and the act or omission would, if death had not resulted, have entitled the deceased person to recover damages in a proceeding for personal injury. (sec.64-ssec.2) The person who would have been liable if the death had not resulted is liable for damages despite the death and whether or not the death was caused by circumstances that were an offence. (sec.64-ssec.3) In a proceeding under this part, a court may award to the members of the deceased person’s family the damages it considers to be proportional to the damage to them resulting from the death. (sec.64-ssec.4) The amount of damages awarded to a person under a legal incapacity may include an amount for management fees relating to the amount awarded to the person. - (a) a death is caused by a wrongful act or omission, whether or not an offence; and - (b) the act or omission would, if death had not resulted, have entitled the deceased person to recover damages in a proceeding for personal injury.