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Statute of Limitations in Torts
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Flashcards
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Intentional Infliction of Emotional Distress
Generally 1-3 years. Can depend on when the emotional distress becomes apparent or the 'outrageous' conduct occurred.
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.
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.
Fraud
Often set at 3-6 years. The discovery rule is critically important here, as the clock may start when the fraud is 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.
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.
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.
Conversion (Civil Theft)
Typically 2-3 years. It may start from the date the conversion occurred or when the owner discovered the loss.
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.
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.
Trespass to Land
Usually there's a 3-6 years statute of limitations. The period generally starts when the trespass occurs.
Assault and Battery
Generally 1-2 years, although there may be longer limits for criminal charges associated with these actions.
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.
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