Statute of limitations (amendment) act, 1991

• Enactment Date: 10 July 1991
• Act Number: 18

Number 18 of 1991
STATUTE OF LIMITATIONS (AMENDMENT) ACT, 1991
ARRANGEMENT OF SECTIONS
Section 1. Definition. 2. Date of knowledge for the purposes of this Act. 3. Special time limit for actions in respect of personal injuries. 4. Survival of causes of action to which section 3 applies. 5. Extension of limitation period in case of disability. 6. Period of limitation in cases of fatal injuries. 7. Application of Act. 8. Short title, construction and collective citation.
Acts Referred to Civil Liability Act, 1961 1961, No. 41 Control of Dogs Act, 1986 1986, No. 32 Sale of Goods and Supply of Services Act, 1980 1980, No. 16 Statute of Limitations, 1957 1957, No. 6
Number 18 of 1991
STATUTE OF LIMITATIONS (AMENDMENT) ACT, 1991
AN ACT TO AMEND AND EXTEND THE STATUTE OF LIMITATIONS, 1957 , BY MAKING NEW PROVISIONS AS REGARDS THE DATE FROM WHICH THE PERIOD OF LIMITATION IS TO RUN IN RESPECT OF ACTIONS FOR CERTAIN PERSONAL INJURIES, AND TO AMEND RELATED PROVISIONS IN OTHER STATUTES, AND TO PROVIDE FOR OTHER MATTERS CONNECTED THEREWITH. [10th July, 1991]
BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:
	Definition.	1.—In this Act “the Principal Act” means the Statute of Limitations, 1957 .
	Date of knowledge for the purposes of this Act.	2.—(1) For the purposes of any provision of this Act whereby the time within which an action in respect of an injury may be brought depends on a person's date of knowledge (whether he is the person injured or a personal representative or dependant of the person injured) references to that person's date of knowledge are references to the date on which he first had knowledge of the following facts:
	(a) that the person alleged to have been injured had been injured,
	(b) that the injury in question was significant,
	(c) that the injury was attributable in whole or in part to the act or omission which is alleged to constitute negligence, nuisance or breach of duty,
	(d) the identity of the defendant, and
	(e) if it is alleged that the act or omission was that of a person other than the defendant, the identity of that person and the additional facts supporting the bringing of an action against the defendant;
	and knowledge that any acts or omissions did or did not, as a matter of law, involve negligence, nuisance or breach of duty is irrelevant.
	(2) For the purposes of this section, a person's knowledge includes knowledge which he might reasonably have been expected to acquire—
	(a) from facts observable or ascertainable by him, or
	(b) from facts ascertainable by him with the help of medical or other appropriate expert advice which it is reasonable for him to seek.
	(3) Notwithstanding subsection (2) of this section—
	(a) a person shall not be fixed under this section with knowledge of a fact ascertainable only with the help of expert advice so long as he has taken all reasonable steps to obtain (and, where appropriate, to act on) that advice; and
	(b) a person injured shall not be fixed under this section with knowledge of a fact relevant to the injury which he has failed to acquire as a result of that injury.
	Special time limit for actions in respect of personal injuries.	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...