Need help with Section 3 of Statute Of Limitations (Amendment Act) 1991

Hogzy

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 three 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.

Can someone explain to me above where there would be a case of a 3yr limitation period? I cannot make sense of the act.
I always thought there was a 2 year limitation period for cases of negligence causing personal injury.

Source

Tom Young

That Act has been amended by Section 7 of the Civil Liability & Courts Act 2004 in relation to Personal injury cases. Reducing the limitation period for Personal Injury cases to 2 years. Where a cause of action arises before the commencement date, the limitation period runs out either two years after the commencement date or three years after the cause of action, whichever is sooner. http://www.irishstatutebook.ie/2004/en/act/pub/0031/sec0007.html#partii-sec7

The 1991 Act was introduced to reduce the unfairness to a Plaintiff who fails to discover the existence of a claim until the primary limitation period has expired but only in relation to claims for personal injuries. The 1991 Act provided that the limitation period will run either from the date of accrual or from the “date of knowledge” whichever is the later.

What constitutes knowledge for the purpose?

These provisions are set out in 2 (1) (a) to (e) of the Act is set out in and a plaintiff must possess them all before he is fixed with knowledge. Subsections (2) and (3) have the effect of imputing to the Plaintiff knowledge of which he might reasonably have been expected to be aware from facts ascertainable by him with the help of an expert which is reasonable for him to seek (Gough v. Neary, Bolger v. O’Brien).

He is not, however, fixed with knowledge of a fact which can be ascertained only with the help of such an expert so long as he has taken all reasonable steps to obtain and where appropriate to act on the advice.

Hogzy

Thanks Tom, Very much appriciated. I am helping my girlfriend do an essay from a Nursing point of view. Her college notes said that the limitation period for bringing a claim against a doctor is 3yrs. Alarm bells started ringing for me. She was reluctant for me to show that her college notes were wrong. It only seems that they are outdated.

Am i correct in saying that if the injury occured before 2004 then there is a 3yr limitation period. If it occured after 2004 there is a 2yr limitation period to bring an action.

Is this correct?
Thanks for the help

Tom Young

Logically that's correct, but the date of knowledge is when the clock begins to run .... right, so all the 2004 Act does is modify the time period, not change the concept?

The concept was brought about to reduce unfairness.