Statute of Limitations

Posted on August 19, 2009 by Wendy Koch

The statute of limitations is the time within which you may bring a claim in court. In Washington, many of the statutes of limitations can be found in Chapter 4.16 RCW. For example, an action upon a written contract must be brought within six years; an action for trespass upon real property must be brought within three years; and a civil action for slander must be brought within two years. 

The statute of limitations for some claims can be found buried in the statute that creates the claim. For example, an action to foreclose on a materialmen’s lien must be commenced within eight months of recording of the lien. RCW 60.04.141.

 

Not all limitations periods begin to run upon the happening of some event. For example, the time within which to bring certain personal injury claims begins to run when the harm is “discovered” as opposed to when the harm actually occurred.

 

In order to preserve your right to bring a claim, consult with an attorney who can advise you of any statute of limitations, otherwise, the opportunity to bring your claim may pass you by.

Tags: , , , , , , , ,

The Law's Shades of Gray

Posted on August 13, 2009 by Wendy Koch

This past weekend my friends and I went river rafting at Flaming Geyser State Park. When we arrived the park was full so we parked a couple of blocks down the road. As we walked to the park we came upon a 2’ x 2’ hole in the ground approximately 3’ feet deep. One of my friends gleefully turned to me and asked, “could I sue and wins lots of money if I had fallen in?” My friends all looked to me waiting to hear a resounding “yes!” but instead they received a lawerly “it depends.” As dissatisfying as that answer was, it is true. Unfortunately, the law is not black and white. Rather, it is the many shades of gray in between.

 

My friends mistakenly believe that all legal questions can be looked up in some giant book of laws and the answers recited with definitiveness. Of course, if this were true then there would be no practicing of law, but merely the looking up of laws.  I began to explain to them that a proper analysis involves thorough fact finding: is this private or public property, are we invitees or trespassers, was the hole purposely or naturally created, does the owner know about the hole…..the list went on. It was at that point that my friends’ eyes glossed over and their interest faded away. 

 

I think their disappointment in my answer stems from our basic need for structure and consistency in the world in which we live our lives. The law made not be as certain as black and white, but utilizing past experience (cases) as our guide, and the similarities and differences between those experiences, outcomes can be predicted within a certain degree of probability. However, before this provides you any comfort, it is important to note that even with the best analysis, judges and juries are the one variable, the proverbial wrench, that are inevitably unpredictable. 

Tags: