Queensland Consolidated Acts
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LIMITATION OF ACTIONS ACT 1974 - SECT 11
Actions in respect of personal injury
(1) Notwithstanding any other Act or law or rule of law, an action for damages
for negligence, trespass, nuisance or breach of duty (whether the duty exists
by virtue of a contract or a provision made by or under a statute or
independently of a contract or such provision) in which damages claimed by the
plaintiff consist of or include damages in respect of personal injury to any
person or damages in respect of injury resulting from the death of any person
shall not be brought after the expiration of 3 years from the date on which
the cause of action arose.
(2) However, a right of action relating to
personal injury resulting from a dust-related condition is not subject to a
limitation period under an Act or law or rule of law.
(3) To remove any
doubt, it is declared that personal injury resulting from a
dust-related condition does not include personal injury resulting from smoking
or other use of tobacco products or exposure to tobacco smoke.
(4) In this
"dust-related condition" see the Civil Liability Act 2003 , schedule 2 .
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