LIMITATION ACT 2005 - SECT 56
LIMITATION ACT 2005 - SECT 56
56 . Personal injury — asbestos related diseases
(1) A cause of action
for damages relating to a personal injury —
(a) that
is attributable to the inhalation of asbestos; and
(b) to a
person who did not have knowledge of the relevant facts before 1 January 1984,
accrues when the
person has knowledge of the relevant facts.
(2) For the purposes
of this section a person has knowledge of the relevant facts in relation to a
cause of action when the person has knowledge —
(a) that
the injury in question was significant;
(b) that
the injury was attributable in whole or in part to the act or omission which
is alleged to constitute the cause of action;
(c) of
the identity of the defendant; and
(d) if
it is alleged that the act or omission was that of a person other than the
defendant, of 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, give rise to a cause of
action is irrelevant.
(3) For the purposes
of this section an injury is significant if the person whose knowledge is in
question would reasonably have considered it sufficiently serious to justify
the person’s commencing an action for damages against a defendant who
did not dispute liability and was able to satisfy a judgment.
(4) For the purposes
of this section, an injury that —
(a)
before 14 November 2005, is a disability as defined in the
Workers’ Compensation and Injury Management Act 1981 ; or
(b) on
or after 14 November 2005, is an injury as defined in that Act,
is not to be treated
as being significant unless either the parties to the proposed action have
agreed, or a medical panel constituted as described in section 36(1) of that
Act —
(c) has
determined that the degree of the disability assessed in accordance with
section 93D(2) of that Act, is 30% or more; or
(d) has
assessed that the worker’s degree of whole of person impairment
evaluated as described in sections 146A and 146C of that Act (on or after 14
November 2005), is 25% or more,
as is relevant in the
worker’s case.
(5) For the purposes
of this section a person’s knowledge includes knowledge which the person
might reasonably have been expected to acquire —
(a) from
facts observable or ascertainable by the person; or
(b) from
facts ascertainable by the person with the help of medical or other
appropriate expert advice which it is reasonable for the person to seek,
but a person is not to
be fixed under this subsection with knowledge of a fact ascertainable only
with the help of expert advice so long as the person has taken all reasonable
steps to obtain (and, where appropriate, to act on) that advice.