If—
(a) a person's death is caused by a wrongful act or omission (whether or not an offence); and
(b) the act or omission would, if death had not resulted, have entitled the person to recover damages in an action for personal injury;
the person who would have been liable if the death had not resulted is liable to an action for damages despite the death and whether or not the death was caused by circumstances that were an offence.