What rights does a young adult have to bring an action dating back many years to a time when he or she was a child? An example may be instructive on this issue. A young adult, 20 years of age, learns that when she was 3 years old she suffered from an elevated lead level. The Department of Health had come to her apartment which was owned by a private corporation. The Department of Health issued violations for the presence of lead based paint. The violations were ultimately corrected by the landlord. Her mother never sued.
Throughout her school years she struggled with her school work. Ultimately, through hard work and sweat and tears, she obtained a high school diploma. She now attends college but has a nagging feeling that she was damaged by the lead poisoning. Can she still sue the landlord for the lead poisoning?
The statute of limitations is something that everyone is aware of. She was poisoned by lead 17 years ago. It has to be too late to take action.
The reality is that she may be able to sue even now.
Despite the passage of many years, in New York State there is what is called a "toll" of the statute of limitations for children. This is found in CPLR 208. In other words, the law 'provides a remedy for the person under a "disability" - which the law includes to refer to a child. The statute of limitations may be suspended until she reaches her 18th birthday. If the statute of limitations for the nature of her claim is 3 years from the date of accrual, then this injured person can still sue for her damages.
This law happens to be extremely important, but it is vital to note that for every case, there can be different applications and even exceptions. If you sustained an injury as a child and no action was brought by your parents, contact an attorney right away. This is applicable for bike and car accidents, slip and fall accidents, burns, abuse, physical assaults and countless other claim types. Different issues and limitations can apply and thus, prompt action should be taken to preserve any legal rights that still remain.
Throughout her school years she struggled with her school work. Ultimately, through hard work and sweat and tears, she obtained a high school diploma. She now attends college but has a nagging feeling that she was damaged by the lead poisoning. Can she still sue the landlord for the lead poisoning?
The statute of limitations is something that everyone is aware of. She was poisoned by lead 17 years ago. It has to be too late to take action.
The reality is that she may be able to sue even now.
Despite the passage of many years, in New York State there is what is called a "toll" of the statute of limitations for children. This is found in CPLR 208. In other words, the law 'provides a remedy for the person under a "disability" - which the law includes to refer to a child. The statute of limitations may be suspended until she reaches her 18th birthday. If the statute of limitations for the nature of her claim is 3 years from the date of accrual, then this injured person can still sue for her damages.
This law happens to be extremely important, but it is vital to note that for every case, there can be different applications and even exceptions. If you sustained an injury as a child and no action was brought by your parents, contact an attorney right away. This is applicable for bike and car accidents, slip and fall accidents, burns, abuse, physical assaults and countless other claim types. Different issues and limitations can apply and thus, prompt action should be taken to preserve any legal rights that still remain.
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