Statute of Limitations Liability

A statute of limitations establishes a deadline for bringing a civil action based on the conduct of a person or entity. However, a statute of limitations does not always serve as a complete protection against legal action.

Effects

When the statute of limitations for a specific action expires, it can have one of two effects. In some states, it extinguishes liability and automatically prevents a party from asserting a cause of action in a lawsuit. In other states, a party must use the statute of limitations as an "affirmative defense" to block a cause of action.

Time Frame

The length of a statute of limitations for civil actions varies dramatically by state and by type of action. For some types of lawsuits, the statute of limitations expires in a few months. For other types, the statute of limitations lasts years.

Exceptions

When a party being sued brings counterclaims against the plaintiff, counterclaims where the statute of limitations has expired may be used.

References

• Black's Law Dictionary, Seventh Edition; Bryan A. Garner, Editor in Chief; 2000
• "66 Ohio Jurisprudence 3d."; Limitations and Laches; Karl H. Larsen, J.D.; 2001