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What is the discovery rule as it applies to the statute of limitations?

The discovery rule extending the statute of limitations based on the time it took to discover the injury, damage, etc.

ALABAMA

In asbestos exposure cases – cause of action accrues on first date injured party should have had reason to discover the injury. See rule for malpractice cases above. If action is based on fraud of defendant, even if already otherwise barred, two years after discovery of the facts constituting the fraud. Toxic exposure – see products liability above.

ALASKA

SOL runs from when injury is, or should have been discovered.

ARIZONA

SOL runs from when injury (or fraud) is, or should have been discovered.

ARKANSAS

SOL runs from when injury is, or should have been, discovered.

CALIFORNIA

See specific rules above for medical malpractice, legal malpractice. Otherwise SOL runs from when injury is, or should have been discovered.

COLORADO

SOL runs from when injury is, or should have been discovered. See specific torts above.

CONNECTICUT

See specific rules above.

DELAWARE

SOL runs from time injury is, or should have been, discovered. See specific rules above.

DISTRICT OF COLUMBIA

SOL runs from when injury was, or should have been discovered.

FLORIDA

SOL runs from when injury is, or should have been, discovered. See specific rule for medical malpractice. Under Florida law, the “delayed discovery doctrine” generally provides that a cause of action does not accrue until the plaintiff either knows or reasonably should know of the tortious act giving rise to the cause of action.

GEORGIA

SOL runs from when injury is, or should have been, discovered. See specific rules above for medical malpractice and products liability.

HAWAII

SOL runs from date when injury was, or should have been, discovered. See specific rule for medical malpractice above.

IDAHO

If injury is fraudulently concealed by defendant, SOL runs from when injury is, or should have been discovered. Also see rule for medical malpractice above.

ILLINOIS

See specific rules above for products liability and medical malpractice.

INDIANA

SOL runs from date injury is, or should have been, discovered. See specific rules above as to products liability, asbestos, radiation.

IOWA

SOL runs from date injury is, or should have been discovered.

KANSAS

SOL runs from when injury is, or should have been discovered BUT IN NO EVENT MORE THAN 10 YEARS FROM ACT CAUSING THE INJURY.

KENTUCKY

SOL runs from when injury is, or should have been discovered. See specific rule for medical malpractice.

MAINE

SOL runs from when injury is, or should have been, discovered.

MARYLAND

Under Maryland‘s “discovery rule”, the SOL begins to run when the “plaintiff discovers, or through the exercise of due diligence, should have discovered, the injury. A plaintiff must have knowledge, either implied or express, in order to trigger the running of the SOL.

MASSACHUSETTS

SOL runs from date injury is, or should have been discovered. See specific rule for medical malpractice.

MICHIGAN

SOL runs from when injury is, or should have been, discovered. However, see special rules for medical malpractice, products liability, or cases against licensed architects, professional engineers, surveyors, or contractors.

MINNESOTA

SOL runs from date injury is, or should have been, discovered.

MISSISSIPPI

SOL runs from date injury is, or should have been discovered. See special rules for medical malpractice (3 years).

MISSOURI

SOL runs from date injury is, or should have been, discovered. See specific rules for medical malpractice actions.

MONTANA

SOL runs from time injury is, or should have been, discovered. See special rules for malpractice cases.

NEBRASKA

SOL runs from time injury is, or should have been, discovered. See specific rule for medical malpractice.

NEVADA

SOL runs from time injury discovered or should have been discovered. See special rules for medical, legal, and accounting malpractice.

NEW HAMPSHIRE

Standard rule in most cases but see specific rules for medical malpractice and products liability.

NEW JERSEY

N.J. follows standard discovery rule.

NEW MEXICO

Standard Discovery Rule in NM.

NEW YORK

See specific rules for medical malpractice, toxic exposure (varies by substance as per different statutes), products liability.

NORTH CAROLINA

See specific rules above.

NORTH DAKOTA

See specific rules above otherwise standard rule applies.

OHIO

Standard rule in Ohio but see specific rule for medical malpractice claims.

OKLAHOMA

Standard rule but see specific rule for medical malpractice.

OREGON

Standard rule except see specific rules for medical malpractice and products liability.

PENNSYLVANIA

Standard rule in all cases in Pennsylvania.

PUERTO RICO

Standard discovery rule in P.R.

RHODE ISLAND

Standard rule applies in RI.

SOUTH CAROLINA

Standard rule applies in S.C. except for medical malpractice cases.

SOUTH DAKOTA

Standard rule applies in S.D. except for specific rules in medical malpractice and products liability cases.

TENNESSEE

Standard rule applies except see products liability.

TEXAS

Standard rule applies in Texas.

UTAH

Standard rule applies in Utah except see medical malpractice above.

VERMONT

Standard rule applies in Vermont except see medical malpractice above.

VIRGINIA

See specific rules with respect to foreign objects (medical malpractice), fraud (generally and in medical malpractice), and computer crime. Otherwise standard rule applies in Virginia.

WASHINGTON

Standard rule applies in Washington except see products liability and medical malpractice rules above.

WEST VIRGINIA

Standard rule applies except see medical malpractice above.

WISCONSIN

Standard rule applies except see medical malpractice.

WYOMING

Standard rule applies except see medical malpractice above.

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Jurisdiction List

  • Alabama Statute of Limitations
  • Alaska Statute of Limitations
  • Arizona Statute of Limitations
  • Arkansas Statute of Limitations
  • California Statute of Limitations
  • Colorado Statute of Limitations
  • Connecticut Statute of Limitations
  • Delaware Statute of Limitations
  • Florida Statute of Limitations
  • Georgia Statute of Limitations
  • Hawaii Statute of Limitations
  • Idaho Statute of Limitations
  • Illinois Statute of Limitations
  • Indiana Statute of Limitations
  • Iowa Statute of Limitations
  • Kansas Statute of Limitations
  • Kentucky Statute of Limitations
  • Louisiana Statute of Limitations
  • Maine Statute of Limitations
  • Maryland Statute of Limitations
  • Massachusetts Statute of Limitations
  • Michigan Statute of Limitations
  • Minnesota Statute of Limitations
  • Mississippi Statute of Limitations
  • Missouri Statute of Limitations
  • Montana Statute of Limitations
  • Nebraska Statute of Limitations
  • Nevada Statute of Limitations
  • New Hampshire Statute of Limitations
  • New Jersey Statute of Limitations
  • New Mexico Statute of Limitations
  • New York Statute of Limitations
  • North Carolina Statute of Limitations
  • North Dakota Statute of Limitations
  • Ohio Statute of Limitations
  • Oklahoma Statute of Limitations
  • Oregon Statute of Limitations
  • Pennsylvania Statute of Limitations
  • Puerto Rico Statute of Limitations
  • Rhode Island Statute of Limitations
  • South Carolina Statute of Limitations
  • South Dakota Statute of Limitations
  • Tennessee Statute of Limitations
  • Texas Statute of Limitations
  • Utah Statute of Limitations
  • U.S. Virgin Islands Statute of Limitations
  • Vermont Statute of Limitations
  • Virginia Statute of Limitations
  • Washington Statute of Limitations
  • Washington D.C. Statute of Limitations
  • West Virginia Statute of Limitations
  • Wisconsin Statute of Limitations
  • Wyoming Statute of Limitations

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