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.
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.
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.
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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