Bill Text: VA SB674 | 2012 | Regular Session | Comm Sub
Bill Title: Death by wrongful act; whenever fetal death, natural mother may bring an action against person, etc.
Spectrum: Partisan Bill (Republican 3-0)
Status: (Passed) 2012-04-09 - Governor: Acts of Assembly Chapter text (CHAP0725) [SB674 Detail]
Download: Virginia-2012-SB674-Comm_Sub.html
12105668D
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. Whenever a fetal death, as defined in §32.1-249, is caused by the wrongful act, neglect, or default of any person, ship, vessel, or corporation, the natural mother of the fetus may bring an action pursuant to this section against such tortfeasor. Nothing in this section shall be construed to create a cause of action for a fetal death against the natural mother of the fetus.
E. For purposes of this section, "natural mother" means the woman carrying the child. |