See How Young Adults Bring An Action Dating Back Many Years
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.
During her school years the child struggled. She was, however, able to obtain a high school diploma due to hard work and lots of struggle. She is currently attending college and believes that lead poisoning may have caused lingering damages. Is it still possible to sue the landlord for potential lead poisoning?
Everyone is aware of the statute of limitations. It has been 17 years since the lead poisoning. Surely it must be too late.
The fact is that in many cases she can still 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 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.
During her school years the child struggled. She was, however, able to obtain a high school diploma due to hard work and lots of struggle. She is currently attending college and believes that lead poisoning may have caused lingering damages. Is it still possible to sue the landlord for potential lead poisoning?
Everyone is aware of the statute of limitations. It has been 17 years since the lead poisoning. Surely it must be too late.
The fact is that in many cases she can still 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 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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