Delaware Code Title 10 Sec. 3722 – Liability notwithstanding death
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(a) An action may be maintained against a person whose wrongful act causes the death of another.
Terms Used In Delaware Code Title 10 Sec. 3722
- Person: includes an individual, receiver, trustee, guardian, executor, administrator, fiduciary or representative of any kind, or any partnership, firm, association, public or private corporation, or any other entity. See Delaware Code Title 10 Sec. 3721
- Wrongful act: means an act, neglect or default including a felonious act which would have entitled the party injured to maintain an action and recover damages if death had not ensued. See Delaware Code Title 10 Sec. 3721
(b) If the death of a person was caused by a wrongful act, neglect or default of a vessel, an action in rem may be maintained against the vessel.
(c) If a person whose wrongful act caused the death of another dies before an action under this section is commenced, the action may be maintained against a personal representative.