Court establishes time limit in traffic accident case

A court has established a time limit within which the heirs of a woman injured in a traffic accident in 2005 may file an action for damages against the vehicle’s driver and owner.

The decision was taken after Christian Falzon and his parents Michael and Mary Falzon filed an application aginst the heirs of the late Ines Cassar.

Christian Falzon told the court, presided over by Mr Justice Raymond C Pace, that the heirs had sent two judicial letters to him and his family claiming that they were owed money as a result of this traffic accident in which Mrs Cassar had been injured.

According to the Falzon family the accident had occurred due to Mrs Cassar's negligence when she had crossed the road without looking and had not used a nearby zebra crossing. The car which hit Mrs Cassar was driven by Christian Falzon.

Five years had elapsed since the accident and Mrs Cassar had since died, but her heirs had not filed a suit for a declaration of responsibility for the accident and for damages. All they had done was send two judicial letters to the Falzon family.

In their application the Falzon family called upon the court to impose a time limit within which the heirs had to file their suit. If the heirs did not do so they were to be perpetually barred from filing any claim against the Falzon family.

Mr Justice Pace found in favour of the Falzon family after noting that the elements of this type of action existed. The heirs had made a claim against the Falzon family through their judicial letters and they had therefore to follow up on such claim or be barred from so doing.

The court imposed a time limit of three months within which the heirs had to lodge their law suit against Christian and Mary Falzon. In default they were to be barred from proceeding with their claims against them.