Statute of Limitations

Question 1

List the statutes of limitations of the various claims you’ll encounter.

Answer 1

Personal injury: 2 years from injury

Damage to reputation: 1 year from the defamatory act

Damage to personal property: 4 years

Damage to realty: 4 years

Medical malpractice:

• 2 years from the injury
• no more than 5 years from the negligence

Written contracts: 6 years

Contracts for the sale of goods: 4 years

Oral or implied contracts: 4 years

Deficiencies in improvements to real property

• ordinary tort statute of limitations (2 years)
• 8 years repose
• if the date of injury occurs in the 7th or 8th year, then extended for 2 years

Statute of limitations is an affirmative defense

Filing the complaint tolls the statute if process is served in a timely fashion

Minority** **tolls** the statute **except** in **medical malpractice

• if five or older, then regular rules
• if under five, then tolled until reaches age 5