AVOIDING NEGLIGENCE 2 : NOT EVERY PERSONAL INJURY LIMITATION PERIOD IS THREE YEARS.
“THOSE LIMITATION PERIODS THAT CAN BITE YOU IN THE BOTTOM”
It can come to a shock to some litigators that not every action has a three year limitation period. Some have a two year period and some less than that. I thought this was common knowledge. This was until I gave a lecture last week to a dozen solicitors and no-one in the room knew about the different limitation periods.
Needless to say missing these shorter limitation periods is a fruitful source of negligence claims. In some cases the situation is fatal to the action. Nothing can be done. Any litigator needs to be aware of the situations in which different limitation periods apply.
The next three posts are going to look at the main areas of difficulty in more detail. This post sets out the main areas litigators have to be wary of.
Accidents connected with air travel
There is a two year limitation period that applies to air travel. This is not just confined to plane accidents but can extend to accidents within the airport. Further it applies to accidents involving either flying craft, such as hot air balloons.
Accidents connected with travel on water
We will look at the rules that relate to accidents relating to travel on water where a two year limitation period can apply.
Finally we will look at the Foreign Limitation Periods Act 1984 and the major impact this can have upon litigation even when the claimant brings the action in the English courts.