Section 16
Section 16
(1)
An action under Part II of the Fatal Accidents and Personal
Injuries Act (Chapter 160), shall not be brought if the death occurred when the person injured could no longer maintain an action and recover damages in respect of the injury (whether because of a time limit in this Act or in any other written law, or for any other reason).
Where any such action by the injured person would have been barred by the time limit in section 15, no account shall be taken of the possibility of that time limit being overridden under section 40.
(2)
None of this time limits given in the preceding provisions of this
Act shall apply to an action under Part II of the Fatal Accidents and Personal
Injuries Act (Chapter 160), but no such action shall be brought after the expiration of 3 years from —
(a)
the date of death; or
(b)
the date of knowledge of the person for whose benefit the action is brought;
whichever is the later.
(3)
An action under Part II of the Fatal Accidents and Personal
Injuries Act (Chapter 160) shall be one to which sections 32, 40 and 47 of this Act apply, and the application to any such action of the time limit under subsection (2) shall be subject to section 49; but otherwise Parts III and IV of this Act shall not apply to any such action.
Operation of section 16.