O' hAonghusa -v- DCC PLC & Ors [2011] IEHC 300 (19 July 2011)

O' hAonghusa -v- DCC PLC & Ors [2011] IEHC 300 (19 July 2011)

The limitation period for personal injuries claims is two years from the commencement of s. 7 of the Civil Liability and Courts Act 2004, rendering the plaintiff’s negligence claim statute-barred. The limitation period for claims under the Liability for Defective Products Act 1991 remains three years and is unaffected by the 2004 Act; whether the plaintiff’s claim under this Act is statute-barred depends on disputed facts requiring trial.

Citation
[2011] IEHC 300
Parties
Plaintiff: Liam O hAonghusa; Defendant: DCC PLC; Defendant: Days Medical Aids Limited; Defendant: Murray Surgical Limited; Defendant: Days Healthcare Limited
Jurisdiction
Ireland
Judgment Date
19 July 2011
Procedural Posture
Personal Injury Action / Preliminary Ruling on Statute of Limitations
Outcome
Plaintiff’s negligence claim dismissed as statute-barred; claim under the Liability for Defective Products Act 1991 permitted to proceed to hearing.
Legal Topics
Statute of Limitations, Personal Injuries, Product Liability
Tort Statutory Interpretation Statute of Limitations Personal Injuries Product Liability

Case Brief

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Parties

Liam O hAonghusa

Plaintiff

DCC PLC

Defendant

Days Medical Aids Limited

Defendant

Murray Surgical Limited

Defendant

Days Healthcare Limited

Defendant

Procedural Posture

Personal Injury Action / Preliminary Ruling on Statute of Limitations

Legal Issues

  1. 1 Whether the plaintiff’s action for damages for personal injuries is statute-barred under the Statute of Limitations 1957 as amended
  2. 2 Whether the claim under the Liability for Defective Products Act 1991 is also statute-barred

Ratio Decidendi

The limitation period for personal injuries claims is two years from the commencement of s. 7 of the Civil Liability and Courts Act 2004, rendering the plaintiff’s negligence claim statute-barred. The limitation period for claims under the Liability for Defective Products Act 1991 remains three years and is unaffected by the 2004 Act; whether the plaintiff’s claim under this Act is statute-barred depends on disputed facts requiring trial.

Court Disposition

Plaintiff’s negligence claim dismissed as statute-barred; claim under the Liability for Defective Products Act 1991 permitted to proceed to hearing.

Orders

  • Negligence claim struck out and dismissed.
  • Product liability claim to proceed to trial for determination of factual issues regarding limitation period.