FATAL ACCIDENTS CLAIM: THE RIGHT TO A CAUSE OF ACTION FOR DEATH UNDER THE RIVERS STATE TORTS LAW 1988

Abstract

With Rivers State as focus and adopting the doctrinal research method, this work undertakes an analysis of the Rivers State Torts Law 1988 with respect to what rights, liabilities and compensation are available for the families of persons who died from injury caused by another in order to avoid dependants being left in precarious conditions. It is the finding of this work that most accidents that result to deaths are commonly redressed through criminal suits, quickly settled out of court and what is being received by deceased families most often is to conduct the deceased’s burial and depending on the deceased family’s negotiating prowess, some sum as compensation, which often is not for the benefit of all the proper dependants. Worst fact is that most persons are not aware of their legal rights regarding compensation for death. The Rivers State Torts law is a positive response that claims can be made and damages paid not for the benefit of the deceased but creates a wrong doer’s new liability towards the deceased’s dependants. The work recommends that in fatal accidents claim, there should be pro-activeness in the adoption and enforcement of the Rivers State Torts Law 1988 rather than non-recourse to court or solely taking criminal cause of actions.