18APersonal injury

18A Personal injury

18A Personal injury

(1) This section applies to a cause of action, founded on negligence, nuisance or breach of duty, for damages for personal injury, but does not apply to—

(a) a cause of action arising under the Compensation to Relatives Act 1897, or

(b) a cause of action that accrued before 1 September 1990, or

(c) a cause of action to which Division 6 applies.

Note—

Division 6 provides for the limitation period for non-motor accident actions for death or personal injury resulting from an incident that occurs on or after the commencement of that Division.

(2) An action on a cause of action to which this section applies is not maintainable if brought after the expiration of a limitation period of 3 years running from the date on which the cause of action first accrues to the plaintiff or to a person through whom the plaintiff claims.

s 18A: Ins 1990 No 36, Sch 1 (3). Am 2002 No 92, Sch 4.6 [2].

s 18A, note: Ins 2002 No 92, Sch 4.6 [3].