Explore tens of thousands of sets crafted by our community.
Statute of Limitations in Torts
15
Flashcards
0/15
Negligence
The statute of limitations is generally 2-3 years depending on the jurisdiction. Exceptions may include the discovery rule, where the clock starts when the injury was discovered.
Medical Malpractice
The statute of limitations is commonly 2 years, but can vary. Exceptions include foreign objects left in a patient's body, fraud, and minors may have extended time.
Product Liability
Typically 2-4 years from the date of injury. The statute of repose can prevent lawsuits after a certain period from the product's delivery, regardless of injury discovery.
Defamation (Libel/Slander)
Usually 1 year, though some places allow up to 2 years. Public figures may have different rules, and retraction demands can affect the timeline.
Intentional Infliction of Emotional Distress
Generally 1-3 years. Can depend on when the emotional distress becomes apparent or the 'outrageous' conduct occurred.
Wrongful Death
The statute of limitations is usually 1-3 years from the date of death. There may be a survival statute that allows claims on behalf of the deceased's estate.
Trespass to Land
Usually there's a 3-6 years statute of limitations. The period generally starts when the trespass occurs.
Fraud
Often set at 3-6 years. The discovery rule is critically important here, as the clock may start when the fraud is discovered.
Assault and Battery
Generally 1-2 years, although there may be longer limits for criminal charges associated with these actions.
Conversion (Civil Theft)
Typically 2-3 years. It may start from the date the conversion occurred or when the owner discovered the loss.
False Imprisonment
The statute of limitations is commonly 1-3 years, starting when the imprisonment ends.
Invasion of Privacy
Can range from 1 to 2 years, and the clock usually starts when the invasive act takes place.
Nuisance (Private)
Generally the statute of limitations is 1-3 years, possibly starting from the ongoing disturbance or when it was discovered.
Breach of Fiduciary Duty
Typically 2-6 years, but it can be from the breach occurrence or when it was discovered, particularly if concealed.
Toxic Torts (Environmental)
The statute of limitations can vary widely, sometimes up to 6 years. The discovery rule is especially relevant due to delayed manifestation of injuries.
© Hypatia.Tech. 2024 All rights reserved.