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Summary |
Text of Statute |
Commentary |
Resources |
Summary:
There is no special statute of limitations for
victims of child sexual abuse. Nebraska victims must file their cases as
follows:
Within 4 years of the acts constituting abuse
under the general tort SOL. (Neb. Rev. Stat. § 25-207);
The statute of limitations is suspended for
victims who were abused as minors until they reach the age of 21
(Neb. Rev. Stat. § 25-213), therefore, victims have the period of 4
years from attaining the age of 21 in which to institute legal
action.
Text:
§ 25-207. Actions for trespass,
conversion, other torts, and frauds; exceptions.
The following actions can only be brought within four years: (1) An
action for trespass upon real property; (2) an action for taking,
detaining or injuring personal property, including actions for the
specific recovery of personal property; (3) an action for an injury to
the rights of the plaintiff, not arising on contract, and not
hereinafter enumerated; and (4) an action for relief on the ground of
fraud, but the cause of action in such case shall not be deemed to have
accrued until the discovery of the fraud, except as provided in sections
30-2206 and 76-288 to 76-298.
§ 25-213. Tolling of statutes of limitation
[Excerpt] Except as provided in sections 76-288 to
76-298, if a person entitled to bring any action mentioned in this
chapter . . . is, at the time the cause of action
accrued, within the age of twenty years, a person with a mental
disorder, or imprisoned, every such person shall be entitled to bring
such action within the respective times limited by this chapter after
such disability is removed.
Commentary:
Teater v. State of Nebraska (1997)(discovery tolling
provision not applied to repressed memory claim under State Tort Claims Act).
In Teater, the Court held that for analysis of the discovery rule, focus
is on when the actual injury occurs; focus is not on when injured party
recognizes whose conduct is responsible for injury. Further, the issue
is when the party holding the cause of action discovers or, in exercise
of reasonable diligence, should have discovered existence of injury.
Resources:
Revised
09/03/2007.
Copyright Susan K. Smith. All rights reserved.
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