Section 187: Time bar for actions
consolidated text (as at 2011, amended since). juris shows the text as it was consolidated; it does not confirm that this is the law in force today.
187. Time bar for actions
(1) Subject to subsections (2), (3) and (4), an action for damages arising
out of the death of or personal injury to a passenger, or for the loss of or
damage to luggage, shall be time-barred after a period of 2 years.
(2) The limitation period shall be calculated—
(a) in the case of personal injury, from the date of disembarkation of
the passenger;
(b) in the case of death occurring during carriage, from the date
when the passenger should have disembarked, and in the case
of personal injury occurring during carriage and resulting in the
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Merchant Shipping Act
death of the passenger after disembarkation, from the date of
death, but this period shall not exceed 3 years from the date of
disembarkation; or
(c) in the case of loss of or damage to luggage, from the date of
disembarkation or from the date when disembarkation should
have taken place, whichever is later.
(3) A Court may, at its discretion, order the suspension or interruption of
limitation periods, but in no case shall an action under this Part be brought
after the expiration of 3 years from the date of disembarkation of the passenger or from the date when disembarkation should have taken place,
whichever is later.
(4) Notwithstanding subsections (1), (2) and (3), the period of limitation
may be extended by a declaration in writing of the carrier or by agreement in
writing of the parties after the cause of action has arisen.