Statutes of Limitationin Civil Lawsuits
A statute of limitation is a type of law that prevents someone from starting a lawsuit after a certain period
of time has passed. For example, say your car was totaled in an auto accident 5 years ago. Today you decide to file
a lawsuit against your injurer to help pay for a new vehicle. Unfortunately, in Texas the statute of limitation for
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injury to personal property is two years. Since your lawsuit will be filed three years after the statute of limitation
passed, and presuming no exceptions to the limitation apply, you will be unable to file a lawsuit.
Two Year Limitation
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In Texas, a two year statute of limitation is the norm fortorts based on trespass to personal or property
rights. For example, injury to personal property, conversion, personal injury, and wrongful death are all torts
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subject to the two year statute of limitation. Each of these actions involves some type of trespass, be it to land,
personal property, or to the body itself. See the chart on the next page for a short list of claims that are subject to
this rule.
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Four Year Limitation
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Texas also has a four year statute of limitation for lawsuits involving contractual obligations. Contractual
obligations include disputes over someone’s action (or inaction) relating to a contract, such as a refusal to perform
an agreed-upon service. For example, breach of contract, certain debt collection suits, and breach of fiduciary
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duty claims are all subject to the four year limitation. The four year limitation also applies to certain transfers of
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real property. See the chart on the next page for more information.
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Tex. Civ. Prac.& Rem. Code§16.003(a)
A tort is a type of civil wrong for which a remedy can be obtained, generally in the form of monetary compensation. Tort
claims are brought in civil, rather than criminal court, and include claims like false imprisonment, negligence, and infliction of
emotional distress. It is important to note that claims based on a breach of a contract are not torts. See also, TORT, Black's Law
Dictionary (9th ed. 2009).
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See Tex. Civ. Prac. &Rem. Code § 16.003(2013).
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Tex. Civ. Prac.& Rem. Code § 16.003 (2013).
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5-72 Dorsaneo, Texas Litigation Guide § 72.02(2).
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A fiduciary duty happens when one person agrees to use his or her expertise to handle someone else’s special matter. For
example, a lawyer has a fiduciary duty to his or her client. This duty requires that the person acting on someone else’s behalf
also act in that person’s best interest. Thus, breach of fiduciary duty occurs when the person acting on someone else’s behalf
fails to act in that person’s best interest.FIDUCIARY, Black's Law Dictionary (9th ed. 2009);DUTY, Black's Law Dictionary (9th ed.
2009).
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Tex. Civ. Prac.& Rem. Code §16.004(a);Tex. Bus.& Com. Code §2.725.
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Tex. Civ. Prac.& Rem. Code §16.004(a)(1).
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Policy behind Statutes of Limitation
Statutes of limitation are imposed in order to further the public interest. The statutes do so by
encouraging diligent and timely prosecution of known claims as well as resolution of claims while supporting
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evidence is still available. To quote the U.S. Supreme Court, “Statutes of limitation…in their conclusive effects are
designed to promote justice by preventing surprises through the revival of claims that have been allowed to
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slumber until evidence has been lost, memories have faded, and witnesses have disappeared.”
Common Claims Subject to Statutes of Limitation
1 Year Statute of Limitation
Source
Libel
Malicious Prosecution
Slander
Tex. Civ. Prac. & Rem. Code §16.002(a)
Tex. Civ. Prac. & Rem. Code §16.002(a)
Tex. Civ. Prac. & Rem. Code §16.002(a)
2 Year Statute of Limitation
Source
Injury to Personal Property
Tex. Civ. Prac.& Rem. Code §16.003(a);see §§16.010,
16.0031, and 16.0045 for special exceptions
tomisappropriation of trade secrets, asbestos-related
injuries, and silica-related injuries.
Tex. Civ. Prac. & Rem. Code §16.003(a)
Tex. Civ. Prac. & Rem. Code §16.003(a)
Tex. Civ. Prac. & Rem. Code §16.003(b)
Personal Injury
Trespass
Wrongful Death
4 Year Statute of Limitation
Source
Breach of Fiduciary Duty
Claims in which no other statute of limitation is
expressly applicable
Tex. Civ. Prac. & Rem. Code §16.004(a)(5)
Tex. Civ. Prac. &Rem. Code § 16.051. Note, this
limitation does not apply to lawsuits seeking to recover
land.
Tex. Civ. Prac. & Rem. Code §16.004(a)(3)
Tex. Civ. Prac. & Rem. Code §16.004(a)(4)
Tex. Civ. Prac. & Rem. Code §16.004(a)(1)
Certain Debt Collection Claims
Fraud
Specific Performance of Contract for Conveyance of
Real Property
Breach of Contract
Tex. Civ. Prac. & Rem. Code §16.004orTex. Bus. & Com.
Code §2.725. If unclear, the court will determine which
statute controls, see Childs v. TaylorCotton Oil Co.,
612 S.W.2d 245, 247–250 (Tex. Civ. App.—Tyler
1981, writ ref’dn.r.e.) and5-72 Dorsaneo, Texas
Litigation Guide § 72.02(2).
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STATUTE OF LIMITATIONS, Black's Law Dictionary (9th ed. 2009).
Order of R.R. Telegraphers v. Railway Express Agency, 321 U.S. 342, 348–49, 64 S.Ct. 582, 586 (1944), available at
http://www.law.cornell.edu/supremecourt/text/321/342.
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