On occasion, companies and their defense attorneys facing liability claims may find that their options for a defense are slim. Contributory negligence may not work in your favor and assumed risk is not an option. But what about the statute of limitations?
What is a statute of limitations and how can one use it as a defense in New York?
What is a statute of limitations?
A statute of limitations is a period of time, set by each individual state, during which an individual can file a lawsuit against another party. There are different statutes of limitations depending on the type of lawsuit, but after the time is up, the plaintiff cannot file a suit to obtain compensation. If someone files a lawsuit after the statute of limitations is over, a judge will likely reject the case.
Statute of limitations in New York
In the state of New York, the statute of limitations for individuals seeking compensation for injury due to a defective product, injury while on someone else’s property, or other personal injury is three years from the date that the injury occurred.
For defense purposes, statute of limitations could be used for product liability defense, premises liability defense and personal injury defense. For example, if a product injured an individual due to a company’s negligence, they would not be able to file a claim after three years of the injury.
Many individuals do not know that there is a statute of limitations for tort claims, which could be an easy solution to a claim against your company.