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2012 SESSION

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12104518D
SENATE BILL NO. 674 Senate Amendments in [ ] – February 13, 2012 A BILL to amend and reenact § 8.01-50 of the Code of Virginia, relating to action for death by wrongful act; how and when to be brought. ---------- Patrons Prior to Engrossment--Senators Stanley, Garrett and Martin ---------- Referred to Committee on Education and Health ----------

Be it enacted by the General Assembly of Virginia:

1. That § 8.01-50 of the Code of Virginia is amended and reenacted as follows:

§ 8.01-50. Action for death by wrongful act; how and when to be brought.

A. Whenever the death of a person shall be caused by the wrongful act, neglect, or default of any person or corporation, or of any ship or vessel, and the act, neglect, or default is such as would, if death had not ensued, have entitled the party injured to maintain an action, or to proceed in rem against such ship or vessel or in personam against the owners thereof or those having control of her, and to recover damages in respect thereof, then, and in every such case, the person who, or corporation or ship or vessel which, would have been liable, if death had not ensued, shall be liable to an action for damages, or, if a ship or vessel, to a libel in rem, and her owners or those responsible for her acts or defaults or negligence to a libel in personam, notwithstanding the death of the person injured, and although the death shall have been caused under such circumstances, as amount in law to a felony.

B. Every such action under this section shall be brought by and in the name of the personal representative of such deceased person within the time limits specified in § 8.01-244.

C. If the deceased person was an infant who was in the custody of a parent pursuant to an order of court or written agreement with the other parent, administration shall be granted first to the parent having custody; however, that parent may waive his right to qualify in favor of any other person designated by him. If no such parent or his designee applies for administration within thirty days from the death of the infant, administration shall be granted as in other cases.

D. For the [ purpose purposes ] of this section, death of a person includes [ a fetus fetal death, as defined in § 32.1-249 ] . [ Only the pregnant woman, or in the event of her death, her representative or the father of the fetus, can bring a cause of action for a fetal death. ]

(Code 1950, § 8-633; 1958, c. 470; 1977, c. 617; 1981, c. 115.)