Revised Laws of Saint Lucia (2021)

156.   Damage giving rise to liability

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    (1)   A supplier is not liable under section 157 for any damage to any property which, at the time of the damage, is not —

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      (a)     of a description of property ordinarily intended for private use, occupation or consumption; and

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      (b)     intended by the person suffering the damage mainly for his or her own private use, occupation or consumption.

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    (2)   In determining for the purposes of this Part who has suffered damage to property and when any such damage occurred, the damage is regarded as having occurred at the earliest time at which a person with an interest in the property had knowledge of the material facts about the damage.

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    (3)   For the purposes of subsection (2) —

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      (a)     a person's knowledge includes knowledge which he or she might reasonably have been expected to acquire —

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        (i)     from facts observable or ascertainable by him or her, or

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        (ii)     from facts ascertainable by him or her with the help of appropriate expert advice which it is reasonable for him or her to seek;

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      (b)     the material facts about any damage to property are such facts about the damage as would lead a reasonable person with an interest in the property to consider the damage sufficiently serious to justify instituting proceedings for damages against a defendant who did not dispute liability and was able to satisfy a judgment.

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    (4)   A person is not taken by virtue of this subsection to have knowledge of a fact ascertainable by him or her only with the help of expert advice unless he or she has failed to take all reasonable steps to obtain and, where appropriate, to act on that advice.