Pounder v London Underground Ltd

Decided 27 October 1994,

Summary: Fatal accident, Dependency claims; loss of financial dependency, Fatal Accident Act, Personal Injury claims, Coroners Act, Inquest, verdict, fatal accident solicitors, personal injury, bereavement, loss of expectation of life, parent, unpaid care.

The claimant mother claimed compensation through solicitors under the Fatal Accident Act following the death of her son, trackman who was killed during the course of his employment.

An issue arose as to whether an alleged dependent, a person who claimed to have lived with the deceased for at least two years prior to death for the purposed of s.1(3) of the Fatal Accident Act was able to claim as this was disputed by the mother as she claimed her son had in fact lived with her throughout.

On the facts of this fatal accident case, the court held that the dependent had in fact been continuously living with the deceased for the two year qualifiying period. A claim would not fail under this head due to brief periods of absence.

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Posted: July 23, 2008 at 9:30 am