STATUTE OF LIMITATIONS (AMENDMENT) ACT 1991

Special time limit for actions in respect of personal injuries.

3

3. (1) An action, other than one to which section 6 of this Act applies, claiming damages in respect of personal injuries to a person caused by negligence, nuisance or breach of duty (whether the duty exists by virtue of a contract or of a provision made by or under a statute or independently of any contract or any such provision) shall not be brought after the expiration of F1 [ 2 years ] from the date on which the cause of action accrued or the date of knowledge (if later) of the person injured.

(2) Section 11 (2) of the Principal Act is hereby amended by the substitution of the following paragraph for paragraphs ( a) and ( b):

“(a) Subject to paragraph (c) of this subsection and to section 3 (1) of the Statute of Limitations (Amendment) Act, 1991, an action founded on tort shall not be brought after the expiration of six years from the date on which the cause of action accrued.”.

(3) Notwithstanding section 11 (2) ( d) (inserted by section 13 (8) of the Sale of Goods and Supply of Services Act, 1980) of the Principal Act, an action for damages under section 13 (7) of the said Act of 1980 which consist of or include damages in respect of personal injuries to any person may be brought within two years of the date of knowledge of the person injured if that date is later than the date on which the cause of action accrued.

(4) The reference in section 21 (4) (b) of the Control of Dogs Act, 1986, to section 11 (2) (b) of the Principal Act shall be construed as a reference to subsection (1) of this section.

Annotations:

Amendments:

F1

Substituted (31.03.2005) by Civil Liability and Courts Act 2004 (31/2004), s. 7(a), S.I. No. 544 of 2004, subject to transitional provisions in s. 6.

F2

Substituted by Legal Services Regulation Act 2015 (65/2015), s. 221(1)(a), not commenced as of date of revision, subject to transitional provision in subs. (2).

Modifications (not altering text):

C8

Prospective affecting provision: subs. (1) substituted by Legal Services Regulation Act 2015 (65/2015), s. 221(1)(a), not commenced as of date of revision, subject to transitional provision in subs. (2).

3. F2 [ (1) An action, other than one to which section 6 of this Act applies, claiming damages in respect of personal injuries to a person caused by negligence, nuisance or breach of duty (whether the duty exists by virtue of a contract or of a provision made by or under a statute or independently of any contract or any such provision) shall not be brought after the expiration of

(a) in the case of a clinical negligence action within the meaning of Part 2A of the Civil Liability and Courts Act 2004, 3 years, or

(b) otherwise, 2 years,

from the date on which the cause of action accrued or the date of knowledge (if later) of the person injured. ]