Personal Injury Law

Discovery Rule: The only reasonable approach to statutes of limitation

The U.S. Supreme Court, in Ledbetter v. Goodyear Tire & Rubber Co., threw out a woman's equal pay claim because it held that the statute of limitations had expired. The Court held that, because she learned she was paid less than her male counterparts years after the discrimination occurred, she was out of luck.

David A. Drachsler from Legal Times writes that the "Discovery Rule" should apply to these claims. His approach is the only reasonable approach to statutes of limitation. Under the discovery rule, the statue of limitations does not begin to run until the plaintiff discovers the harm.

Where the discovery rule is not followed, wrongdoers can avoid liability if they can hide their wrongdoing from an injured person. Surely this is not the intent of a statute of limitations.

Full post as published by Chicago Injury Lawyer Blog on July 27, 2007 (boomark / email).