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?
Most consumers know all about the statute of limitations. The lead poisoning occurred 17 years ago. Surely there is no way to still take action.
In truth, however, there are often times like these in which it is still possible to sue.
Despite the amount of time that has passed, there is something for children called the toll of the statue of limitations in New York. This is located in CPLR 208. It basically means that there is a remedy provided by the law for a person under disability - and this refers to kids. The statute of limitations in these instances can be suspended until children turn 18. Thus if the the statute of limitations is 3 years from its start date, it is still possible to collect damages.
This very important law has many exceptions and applications, and each case is different. If you were a victim of an accident while a child and your parent did not bring an action, consult a lawyer promptly. This applies to all cases including car accidents, bike accidents, trip and falls, assaults, abuse, burns and a myriad of other cases. Of course, different statutes of limitations and issues may apply to each case and immediate action should be taken in order to preserve any rights which you may still have.
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?
Most consumers know all about the statute of limitations. The lead poisoning occurred 17 years ago. Surely there is no way to still take action.
In truth, however, there are often times like these in which it is still possible to sue.
Despite the amount of time that has passed, there is something for children called the toll of the statue of limitations in New York. This is located in CPLR 208. It basically means that there is a remedy provided by the law for a person under disability - and this refers to kids. The statute of limitations in these instances can be suspended until children turn 18. Thus if the the statute of limitations is 3 years from its start date, it is still possible to collect damages.
This very important law has many exceptions and applications, and each case is different. If you were a victim of an accident while a child and your parent did not bring an action, consult a lawyer promptly. This applies to all cases including car accidents, bike accidents, trip and falls, assaults, abuse, burns and a myriad of other cases. Of course, different statutes of limitations and issues may apply to each case and immediate action should be taken in order to preserve any rights which you may still have.
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