Essay: On July 1, 1993, the day of his tenth birthday, Juan lost the sight in hi

Question

Essay:

On July 1, 1993, the day of his tenth birthday, Juan lost the sight in his right eye because a soft drink bottle exploded. The drink was bottled on December 23, 1992, and Juan's parents purchased it on July 1, 1993. Assume that in this state the statute of limitations for this type of action is two years and the age of majority is eighteen. Juan and his parents want to sue the bottler of the soft drink. The parents want money damages for loss of Juan's services and medical bills. Juan wants damages for the loss of the sight if his eye and pain and suffering. When will the statute of limitations run under these circumstances? Explain thoroughly.

(Please give exact date(s) and give reasons for your choice)

Explanation / Answer

In this case for the lawsuit that Juan’s parents are filing to retrieve the money damages for loss of Juan's services and medical bills, the statue of limitations will start to run on July 1, 1993, and will expire on June 30, 1995. The statue of limitations sets the maximum time that the aggrieved parties have to initiate the legal proceedings, from the date of the alleged offense, or the accident in this case. Since the accident happened on July 1, 1993, statute of limitations starts on that day, and will run for two years, as in that state, the statue of limitations for this type of action is two years.

For Juan’s lawsuit, where he is seeking damages for the loss of the sight if his eye and pain and suffering, the statue of limitations will start from July 1, 1993, and will run up to 10 years (Juan is 10 years old, so it will take 8 years until he is 18, and 2 years of the statue of limitations) from then, i.e. June 30, 2003. For Juan’s case, since he is a minor, long statute of limitations will hold, as the age of maturity in the state is 18.

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