Section 18.50 Limitations

• Library: Tort Law 2016

Claims for property damage can become time-barred. Section 516.120, RSMo 2000, sets out a five-year limitations period from the time the cause of action arose. The discovery of damage does not trigger the statute of limitations. The cause of action is deemed to have arisen when the injury or damage is sustained and becomes capable of ascertainment. Bus. Men’s Assurance Co. of Am. v. Graham, 984 S.W.2d 501, 507 (Mo. banc 1999) (BMA I), aff’d after remand, 984 S.W.2d 501, 507 (Mo. banc 1999) (BMA II).

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