In Tanzania, wrongful death claims allow dependents of a deceased person to seek compensation when death results from another’s negligent or wrongful act.
A wrongful death claim arises when a person’s death results from another party’s negligence, misconduct, or even a breach of contract or warranty. Such a claim is generally permitted if the deceased would have had the right to pursue legal action for their injuries had they survived.
Unlike criminal proceedings, which are initiated by the government to address violations of law, a wrongful death suit is a private action brought by the survivors or the estate to seek financial compensation for their loss.
LAW GOVERNING WRONGFUL DEATH
Legal Basis
In Tanzania wrongful death claims are covered under the Law Reform (Fatal Accidents and Miscellaneous Provisions) Act Cap 310 R.E 2023. Section 3 of the Act provides that If a person’s death is caused by the wrongful act of another, and that wrongful act is one which would have entitled the deceased to sue for damages had they survived, then the person responsible remains liable for those damages despite the death. This liability arises even where the circumstances of the death also amount to a criminal offence
The law allows the victim’s family or representatives to step in and claim damages on their behalf. Even if the act that caused the death is serious enough to be treated as a crime, the wrongdoer can still be held accountable in civil court for the harm they caused. It’s a way of ensuring justice continues for the deceased through those left behind.
This ensures that the deceased’s family or personal representative can pursue compensation for losses that the deceased could have claimed if they had survived, such as medical expenses, pain and suffering, or lost income. At the same time, it allows justice to be carried forward by preventing obligations or liabilities from being extinguished by death, thereby protecting both the estate and those affected by the wrongful act.
Wrongful death claims are brought forth by the administrator or executor of the deceased’s estate. However, it is to be noted that such claims are to be brought for the benefit of the dependents. Section 4 of Cap 310, goes further to provide that a wrongful death action must be brought for the benefit of the deceased’s dependents, either by the executor/administrator or by the dependents themselves. The court may award damages proportionate to the loss suffered, and those damages are then divided among the dependents as directed by the court. Importantly, only one action can be brought for the same death.
In Mariam Mussa Messo vs Boniface Chesco Myovele & others (Civil Case No. 272 of 2014) [2017], The administratrix sued for damages after her brother’s death in a road accident, but although negligence and vicarious liability were established, the court dismissed the claim because she failed to plead or prove that the action was brought for the benefit of the deceased’s dependents as required under section 4(1) of Cap 310. Without evidence of dependents, the wrongful-death claim could not be maintained, and no damages were awarded.
LIMITATION PERIOD FOR CLAIMS
Claims for wrongful death in Tanzania have a time limit of 3 years, meaning, they must be instituted within a period of 3 years from occurrence of the said death. This has been provided under the Law of Limitation Act, Cap. 89 R.E 2023, (first schedule item 6.) Wrongful death claims fall under are suits under Tort, hence the limitation period is similar to that of Tort claims,
ELEMENTS OF WRONGFUL DEATH
When a wrongful death claim is based on negligence, the plaintiff generally needs to prove four essential elements in order to succeed.
Duty of Care
The first step is proving that the defendant had a responsibility to act with reasonable care toward the deceased. This means they were legally expected to behave in a way that avoided causing harm. For instance, drivers must follow traffic rules and operate their vehicles safely to protect others, while doctors are required to provide medical treatment that meets professional standards.
Breach of Duty
The next step is showing that the defendant failed to uphold that responsibility. A breach occurs when someone acts in a way that a reasonably careful person would not under similar circumstances. In driving cases, this could mean speeding, running a red light, or texting while driving. In medical situations, it might involve a doctor overlooking a diagnosis that other competent professionals would have identified.
Causation
The third requirement is proving a direct link between the defendant’s actions and the death. The plaintiff must demonstrate that the negligence was the actual cause of the fatal outcome and that the death would not have occurred otherwise. For example, evidence might show that the victim’s fatal injuries were specifically caused by a car crash resulting from the defendant’s reckless driving.
Damages
The final step is establishing that the death led to identifiable losses, legally referred to as damages. These can include financial costs such as medical expenses and funeral arrangements, as well as non-financial impacts like the grief and suffering of surviving family members. Damages may also cover the loss of the deceased’s support, care, and contributions to their household.
WRONGFUL DEATH CLAIMS IN COMMON LAW
In common law, it is a rule that no one can recover damages in tort for the death of another. This was a rule generated in the case of Baker v Bolton (1808), the court held that a person’s death was not itself a civil injury for which damages could be claimed. The husband could recover compensation only for losses suffered before his wife’s death such as his own injuries and the loss of her comfort and assistance but not for the death itself. This case set an early precedent shaping wrongful death claims in tort law. However, section 1 of the Fatal Accidents Act of 1976, altered this previous position of Baker v Bolton as it provided that an action may be brought for the benefit of the dependents of the deceased person.
The action is brought for the benefit of the deceased’s dependents and should be brought in the name of the executor or administrator of the deceased.
INSURANCE AND WRONGFUL DEATH CLAIMS
The whole concept of insurance generally depends on one’s insurance package, which will determine the level of coverage in case of loss. The insurance policy will determine whether incidences of wrongful deaths can be covered.
Although, in Tanzania incidents of insurance covering wrongful deaths are not very common, the same cannot be said to apply in Common Law. That is, in cases of wrongful death, the perpetrator’s insurance will be analyzed to see if it covers wrongful death. And if it does it can be used to cover losses acquired in case of medical expenses, funeral expenses, loss of income and loss of companionship. However, most insurance companies tend to disputing liability, and to request excessive documentation.
SURVIVAL CLAIMS VIS-A-VIS WRONGFUL DEATH CLAIMS
A survival action is a legal claim carried on by the deceased person’s estate. It essentially continues the lawsuit the person could have filed if they had lived, allowing the estate to recover damages for harms the individual suffered before death.
Example: If it occurs that someone is injured in a car accident caused by another driver’s negligence. They suffer medical expenses and pain but pass away before the case is resolved. Through a survival action, the estate can pursue compensation for those medical bills and the pain the person endured prior to death, as if the injured person had brought the claim themselves.
A wrongful death claim is a lawsuit filed by the surviving family of someone who has died, aiming to compensate them for the personal losses they suffer because of that death. Unlike survival actions, which focus on the deceased’s own damages before passing, wrongful death claims center on the harm experienced by the survivors.
If a pedestrian killed in a traffic accident caused by a negligent driver. The victim’s spouse and children could bring a wrongful death claim to recover damages for the loss of financial support, companionship, and emotional suffering they endure due to their loved one’s death.
CONCLUSION
Wrongful death claims in Tanzania stand as a crucial safeguard for justice, ensuring that accountability does not vanish with the victim’s life but is carried forward through their dependents. Rooted in Cap 310, these claims provide families with a legal pathway to seek compensation for both financial and emotional losses, while emphasizing the importance of proving dependency, negligence, causation, and damages.
Though challenges such as strict procedural requirements and insurance disputes may arise, the essence of wrongful death law is to honor the dignity of the deceased by protecting those left behind. Ultimately, these claims are not merely about monetary redress, they embody the principle that justice endures beyond death, offering families a measure of closure and reaffirming society’s commitment to accountability and compassion.
