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CIVIL LIABILITY ACT 1936 - SECT 23

CIVIL LIABILITY ACT 1936 - SECT 23

23—Liability for death caused wrongfully

Whenever the death of a person 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 party 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, and although the death was caused under such circumstances as amount in law to an indictable offence.