Consumer Affairs Act (Cap. 378)
Consumer Affairs Act (Cap. 378), article 67
67. (1) The action for damages under this Part shall be barred
by the lapse of three years commencing from the day when the
injured party became aware, or should reasonably have become
aware, of the damage, the defect and the identity of the producer.
(2) Notwithstanding sub-article (1), the action for damages
u n d e r t h i s P a r t s h a l l in a n y c a s e b e ex t i n g u i s h e d u p o n t he
expiration of the period of ten years from the date on which the
producer put into circulation the actual product which caused the
damage unless the injured party has in the meantime instituted legal
proceedings against the producer.
Cap. 16.
(3) Sub-titles I, II and III of Title XXV of the Civil Code
concerning the causes which prevent, suspend and interrupt
prescription shall apply to actions made under this Part.
(4) The burden of proving when the actual product which
caused the damage was put into circulation shall lie on the
producer.
Prohibition of
exclusion of
liability.
Added by:
XXVI. 2000.15.
Text read from the consolidated PDF published by Legislation Malta. Tables, figures and marginal notes may be incomplete or out of place: the official PDF is authoritative. General information, not legal, tax or accounting advice.