What is a Statute of Limitations?

• The statute of limitations is a time limit for a person to file and serve legal action to recover money against the owner of the dog. After the limit is up, the action is "forever barred" from being heard in a court. The time limit varies from state to state.
  
  In most states, your "clock" begins running as soon as the injury occurs or is discovered. In some cases, the time can be amended to the date that the person is aware of the injury, such as in the case of unconsciousness or coma.
  
  

Statute of Limitations Expiration

• If the time limit in your state expires, you will not be permitted to file your suit and possibly collect an award against the owner of the dog. There are certain situations that may get an exception to the time limit. These exceptions include age issues, competency issues and disabilities. These exceptions are extremely rare and may not be valid in all states. Consult your local and state laws.
  
  

Law

• A lawsuit about dog bites usually falls under the category of a personal injury tort, which covers situations where a person experiences physical, mental or emotional damage as the result of the actions or the negligence of another. A person can file a suit for a monetary award from another person or, at times, an insurance company depending on liability.
  
  If wrongful death has occurred as a result of a dog bite, this may fall under a different statute in the criminal code and have different statutes of limitation.
  
  

Typical Statute of Limitation in Personal-Injury Cases

• The majority of states have a two- or three-year statute of limitation for personal-injury cases. As of 2003, the states that allow two years to bring a case for personal injury include Virginia, West Virginia, Texas, Pennsylvania, Oklahoma, Ohio, Oregon, New Jersey, Nevada, Minnesota, Kansas, Iowa, Indiana, Illinois, Idaho, Hawaii, Georgia, Delaware, Connecticut, California, Arizona, Alaska and Alabama.
  
  States with a three-year statute of limitations for personal injury torts are Vermont, Washington, Wisconsin South Dakota, South Carolina, Rhode Island, North Carolina, New York, New Mexico, New Hampshire, Mississippi, Michigan, Massachusetts, Maryland, Washington, D.C., and Arkansas.
  
  

Shorter Statutes of Limitation

• As of 2003, states that permit only one year to file a personal injury claim are Tennessee, Louisania and Kentucky.
  
  

Longer Statutes of Limitation

• Some states offer a longer time period than the average two to three years. States with a four-year statute of limitations for personal injury include Wyoming Utah, Nebraska and Florida.
  
  Missouri allows five years to file a claim, while Maine and North Dakota permit six years.