Section 15
Section 15
(1)
This section applies to any action for damages for negligence, nuisance or breach of duty (whether the duty exists by virtue of a contract or of provision made by or under a written law or independently of any contract or any such provision) where the damages claimed by the plaintiff for the negligence, nuisance or breach of duty consist of or include damages in respect of personal injuries to the plaintiff or any other person.
(2)
None of the time limits given in the preceding provisions of this
Act shall apply to an action to which this section applies.
(3)
An action to which this section applies shall not be brought after the expiration of the period applicable in accordance with subsections (4) or
(5)
.
(4)
Except where subsection (5) applies, the period applicable is 3
years from —
(a)
the date on which the cause of action accrued; or
(b)
the date of knowledge (if later) of the person injured.
(5)
If the person injured dies before the expiration of the period mentioned in subsection (4), the period applicable as respects the cause of action surviving for the benefit of his estate by virtue of section 11 of the
Fatal Accidents and Personal Injuries Act (Chapter 160) shall be 3 years from —
(a)
the date of death; or
(b)
the date of the personal representative’s knowledge, whichever is the later.
(6)
For the purposes of this section “personal representative”
includes any person who is or has been a personal representative of the deceased, including an executor who has not proved the will (whether or not he has renounced probate); and regard shall be had to any knowledge acquired by any such person while a personal representative or previously.
Limitation
B.L.R.O. 1/2000 13
(7)
If there is more than one personal representative, and their dates of knowledge are different, subsection 5(b) shall be read as referring to the earliest of those dates.
Fatal Accidents legislation.