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Statute of Limitations in Torts

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Intentional Infliction of Emotional Distress

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Generally 1-3 years. Can depend on when the emotional distress becomes apparent or the 'outrageous' conduct occurred.

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False Imprisonment

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The statute of limitations is commonly 1-3 years, starting when the imprisonment ends.

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Invasion of Privacy

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Can range from 1 to 2 years, and the clock usually starts when the invasive act takes place.

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Nuisance (Private)

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Generally the statute of limitations is 1-3 years, possibly starting from the ongoing disturbance or when it was discovered.

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Product Liability

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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.

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Fraud

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Often set at 3-6 years. The discovery rule is critically important here, as the clock may start when the fraud is discovered.

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Breach of Fiduciary Duty

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Typically 2-6 years, but it can be from the breach occurrence or when it was discovered, particularly if concealed.

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Defamation (Libel/Slander)

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Usually 1 year, though some places allow up to 2 years. Public figures may have different rules, and retraction demands can affect the timeline.

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Wrongful Death

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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.

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Conversion (Civil Theft)

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Typically 2-3 years. It may start from the date the conversion occurred or when the owner discovered the loss.

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Negligence

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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.

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Toxic Torts (Environmental)

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The statute of limitations can vary widely, sometimes up to 6 years. The discovery rule is especially relevant due to delayed manifestation of injuries.

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Trespass to Land

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Usually there's a 3-6 years statute of limitations. The period generally starts when the trespass occurs.

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Assault and Battery

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Generally 1-2 years, although there may be longer limits for criminal charges associated with these actions.

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Medical Malpractice

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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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