5AActions in respect of personal injuries

### 5A Actions in respect of personal injuries > [*\[Section 5A Inserted by No. 66 of 2004, s. 6, Applied:01 Jan 2005\]*](/view/html/inforce/2005-01-01/act-2004-066#GS6@EN) > > > (1)  [*\[Section 5A Subsection (1) omitted by No. 52 of 2017, s. 6, Applied:01 Jul 2018\]*](/view/html/inforce/2018-07-01/act-2017-052#GS6@Hpa@EN) .  .  .  .  .  .  .  .   > > > (2)  [*\[Section 5A Subsection (2) omitted by No. 52 of 2017, s. 6, Applied:01 Jul 2018\]*](/view/html/inforce/2018-07-01/act-2017-052#GS6@Hpa@EN) .  .  .  .  .  .  .  .   > > > (3)  [*\[Section 5A Subsection (3) substituted by No. 52 of 2017, s. 6, Applied:01 Jul 2018\]*](/view/html/inforce/2018-07-01/act-2017-052#GS6@Hpa@EN) An action for damages for negligence, nuisance or breach of duty (whether that duty exists by virtue of a contract or a provision made by or under an enactment or independently of any contract or any such provision), where the damages claimed by the plaintiff for the negligence, nuisance or breach of duty consist of, or include, damages in respect of personal injuries to any person, must not be brought after the expiration of 3 years commencing on the date of discoverability. > > > (4)  An action for damages under the [Fatal Accidents Act 1934](/view/html/inforce/2026-04-12/act-1934-030) in respect of the death of a person is taken to be an action referred to in [subsection (3)](#GS5A@Gs3@EN) . > > > (5)  [*\[Section 5A Subsection (5) substituted by No. 52 of 2017, s. 6, Applied:01 Jul 2018\]*](/view/html/inforce/2018-07-01/act-2017-052#GS6@Hpb@EN) A judge may extend the period of limitation referred to in [subsection (3)](#GS5A@Gs3@EN) to the expiration of 6 years commencing on the date of discoverability if he or she considers that, in the circumstances of the case, it is just and reasonable to do so. > > > (6)  [*\[Section 5A Subsection (6) amended by No. 52 of 2017, s. 6, Applied:01 Jul 2018\]*](/view/html/inforce/2018-07-01/act-2017-052#GS6@Hpc@EN) For the purposes of this section, the date of discoverability is taken to be, in relation to a plaintiff who is the personal representative of a deceased person, the earliest of the following times: > > > > > > (a) the date when the deceased person knew that personal injury – > > > > > > > > > > (i) had occurred; and > > > > > > > > > > > (ii) was attributable to the conduct of the defendant; and > > > > > > > > > > > (iii) was sufficiently significant to warrant bringing proceedings; > > > > > > > (b) the date when the personal representative was appointed, if he or she knew or ought to have known the date of discoverability at that time; > > > > > > > (c) the date when the personal representative first knew or ought to have known the date of discoverability, if he or she acquired that knowledge or ought to have acquired that knowledge after being appointed to that position.