Part II

Limitation of Actions

Actions in respect of personal injuries not resulting in death.
17
1
This section applies to an action of damages where the damages claimed consist of or include damages in respect of personal injuries, being an action (other than an action to which section 18 of this Act applies) brought by the person who sustained the injuries or any other person.
1A
This section does not apply to an action of damages in respect of personal injuries to which section 18ZA applies.
2
Subject to subsection (3) below and section 19A of this Act, no action to which this section applies shall be brought unless it is commenced within a period of 3 years after—
a
the date on which the injuries were sustained or, where the act or omission to which the injuries were attributable was a continuing one, that date or the date on which the act or omission ceased, whichever is the later; or
b
the date (if later than any date mentioned in paragraph (a) above) on which the pursuer in the action became, or on which, in the opinion of the court, it would have been reasonably practicable for him in all the circumstances to become, aware of all the following facts—
i
that the injuries in question were sufficiently serious to justify his bringing an action of damages on the assumption that the person against whom the action was brought did not dispute liability and was able to satisfy a decree;
ii
that the injuries were attributable in whole or in part to an act or omission; and
iii
that the defender was a person to whose act or omission the injuries were attributable in whole or in part or the employer or principal of such a person.
3
In the computation of the period specified in subsection (2) above there shall be disregarded any time during which the person who sustained the injuries was under legal disability by reason of nonage or unsoundness of mind.
Ss. 17, 18 substituted for ss. 17–19 by Prescription and Limitation (Scotland) Act 1984 (c. 45, SIF 97), ss. 2, 5(1)
S. 17 modified (25.9.1991) by Age of Legal Capacity (Scotland) Act 1991 (c. 50, SIF 49:8), ss. 8, 11(2).
S. 17 modified (17.6.2009) by Damages (Asbestos-related Conditions) (Scotland) Act 2009 (asp 4), ss. 3(2), 4(1) (with s. 5(2)); S.S.I. 2009/172, art. 2
S. 17(1A) inserted (21.4.2021) by Automated and Electric Vehicles Act 2018 (c. 18), s. 21, Sch. para. 1; S.I. 2021/396, reg. 3(c)(d)