-
FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
By continuing to use this site, you are consenting to our Terms of Service and use of cookies.
Negligence definition
- Thread starter shizukana
- Start date
Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills Please click a topic or scroll down for more.
BelizeBreeze
Senior Member
Why are you asking?shizukana said:What is the name of your state? Kentucky
What is the practical meaning of negligence as used in court system? What are the time limits?
Are the limits based on date of discovery? or date of actual event?
Who is right about statute of limitations
I've been reading laws crafted from state's legislation.
Maybe I'm being too narrow, or too literal. I'm reading that the clock starts ticking when a person discovers that someone's intent / actions were recognized to be fraudulent, as opposed to the time at which the injury was recognized (even if the responsible party was unknown).
But, a paralegal and I were talking: the gist of the conversation was the notion that the clock starts ticking on statute of limitations when the injury is discovered, rather than the date that I realized the responsible party's actions were fraudulent.
I've been reading laws crafted from state's legislation.
Maybe I'm being too narrow, or too literal. I'm reading that the clock starts ticking when a person discovers that someone's intent / actions were recognized to be fraudulent, as opposed to the time at which the injury was recognized (even if the responsible party was unknown).
But, a paralegal and I were talking: the gist of the conversation was the notion that the clock starts ticking on statute of limitations when the injury is discovered, rather than the date that I realized the responsible party's actions were fraudulent.
M
meganproser
Guest
What is the name of your state? Kentucky (a comparative law state so I'm told)
I used the services of an attorney to help me collect from a homeseller for failure to disclose certain defects of the home.
In meeting with the attorney, I noted that I was pretty sure that the homesellers had knowledge of defects. I had heard (rumors, hearsay) that the home inspector and the realtors had some liability; but I didn't know how to prove it. The attorney suggested that discovery would be too expensive. We focused on a negotiated settlement with the homesellers, which happened after we filed suit in the local circuit court system. The suit was dismissed for out of court settlement.
I was presented with a Release that released everyone and his brother. I refused to sign it because I had negotiated ONLY with the homeseller. I clearly stated to the attorney that I would not release any other parties at that time, because I wanted the option of pursuing claims against them if I were to find this to be plausible.
The attorney did not advise me that I wouldn't be able to do this. But, now that I have plausible evidence that the home inspector and the realtors also had knowledge of defects that they did not disclose, I have been advised that I have no recourse against them because I already negotiated a settlement with the homesellers. Plus, the release states the homeseller's agents are released (i.e., the listing agent / broker).
I found the above explanation in another thread and brought it over here.
If I understand correctly, you bought a home that had some defects. You hired an attorney and were offered a settlement by the homeowners.
You seem to be asking if you can sue other people, for these same damages? You are only going to be compensated for the damages once. Did you accept the home sellers settlement or not? If so, what damages are you trying to claim now against the home inspector?
What is the practical meaning of negligence as used in court system?
You will have to explain the situation and put your question into context.
Are the limits based on date of discovery? or date of actual event?
There are many variables that determine when the SOL starts and when it may be tolled...it depends on the particular case.
The SOL on a claim usually begins to run from the date the plaintiff “knows or should have known” he has been harmed. It does not matter if he knows WHO is responsible for the harm or what the full extent of the harm is...if he knows SOMEONE has harmed him, he has been put on notice and the clock starts to run.
I used the services of an attorney to help me collect from a homeseller for failure to disclose certain defects of the home.
In meeting with the attorney, I noted that I was pretty sure that the homesellers had knowledge of defects. I had heard (rumors, hearsay) that the home inspector and the realtors had some liability; but I didn't know how to prove it. The attorney suggested that discovery would be too expensive. We focused on a negotiated settlement with the homesellers, which happened after we filed suit in the local circuit court system. The suit was dismissed for out of court settlement.
I was presented with a Release that released everyone and his brother. I refused to sign it because I had negotiated ONLY with the homeseller. I clearly stated to the attorney that I would not release any other parties at that time, because I wanted the option of pursuing claims against them if I were to find this to be plausible.
The attorney did not advise me that I wouldn't be able to do this. But, now that I have plausible evidence that the home inspector and the realtors also had knowledge of defects that they did not disclose, I have been advised that I have no recourse against them because I already negotiated a settlement with the homesellers. Plus, the release states the homeseller's agents are released (i.e., the listing agent / broker).
I found the above explanation in another thread and brought it over here.
If I understand correctly, you bought a home that had some defects. You hired an attorney and were offered a settlement by the homeowners.
You seem to be asking if you can sue other people, for these same damages? You are only going to be compensated for the damages once. Did you accept the home sellers settlement or not? If so, what damages are you trying to claim now against the home inspector?
What is the practical meaning of negligence as used in court system?
You will have to explain the situation and put your question into context.
Are the limits based on date of discovery? or date of actual event?
There are many variables that determine when the SOL starts and when it may be tolled...it depends on the particular case.
The SOL on a claim usually begins to run from the date the plaintiff “knows or should have known” he has been harmed. It does not matter if he knows WHO is responsible for the harm or what the full extent of the harm is...if he knows SOMEONE has harmed him, he has been put on notice and the clock starts to run.
Find the Right Lawyer for Your Legal Issue!
Fast, Free, and Confidential
data-ad-format="auto">