statute of limitations

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statute of limitations

State and federal laws that place a time limit on the ability to make certain claims in a lawsuit.The various statutes are usually fairly clear and might provide 6 years for breach of contract, 2 years for negligence, and 10 years for rights to real property.The part that causes all the litigation is the question of “when does the time period start to run?”As a general rule of thumb, the clock starts ticking when there has been a harm that would give rise to the ability to sue. If a stairway is erected improperly in year 1,but there is no way to know this until it collapses in year 5, then the statute of limitations begins to run in year 5.

References in periodicals archive ?
The Superior Court, Los Angeles County, ruled that there was no basis for tolling the statute.
Nationwide, most statutes of limitation for legal malpractice contain, or have been judicially construed to contain, provisions tolling the statute, or delaying accrual of the cause of action, until the client sustains "actual injury" or "harm.
Was the physician's absence from the state for over one year after the alleged act of medical malpractice grounds for tolling the statute of limitations?