Section 5.62 Statute of Limitations

• Library: Tort Law 2016

H. (§5.62) Statute of Limitations

An action for libel or slander must be commenced within two years. Section 516.140, RSMo Supp. 2014.

White v. Fawcett Publications, 324 F. Supp. 403 (W.D. Mo. 1970), holds that the statute of limitations accrues at the time of publication rather than the time the plaintiff becomes aware of the publication. See also Finnegan v. Squire Publishers, Inc., 765 S.W.2d 703, 705–06 (Mo. App. W.D. 1989); Hasenyager v. Bd. of Police Comm’rs of Kansas City, 606 S.W.2d 468 (Mo. App. W.D. 1980). But a very limited exception to this rule exists "when factors outside plaintiff’s control prevent his knowing either that he has suffered a legal wrong or that he has been damaged because of the wrong." Finnegan, 765 S.W.2d at 706; see also Jones v. Pinkerton’s, Inc., 700 S.W.2d 456, 460 (Mo. App. W.D. 1985). This exception generally applies only when a defendant has undertaken efforts to conceal the defamation or when...