Personal Injury Statute of Limitations for Minors Daniel B. Ross
Q.
15 years ago my dog bit a 2 year old on the face. At that time, the parents of the child said it was okay. They took the girl to hospital and she was stitched-up. The girl now is 17 and claims to have abnormal growths on the scar. The dad is asking for my homeowners insurance and getting a lawyer. Is there a statues of limitation or could I be held liable for this 15 years later?
-- Anonymous
A.
I am a lawyer in Texas, so the law may be different in your state. However, in Texas, minors (a person under the age of 18) are under a "legal disability" for statute of limitations purposes. In other words, the statute of limitations does not begin to run until the "legal disability" is removed - usually at age 18 or by marriage. In Texas, the statute of limitations for such a claim would be two years. So, in your fact situation, the minor child could file a lawsuit all the way until age 20.
You should contact an attorney in your state to discuss the matter. Good luck!