What is the statute of limitations for a personal injury case ( food poisoning) in Texas?

Asked over 1 year ago - Houston, TX

My daughter and a friend were served bad tuna in a Houston, TX restaurant.

Attorney answers (7)

  1. Daniel B. Ross

    Pro

    Contributor Level 3

    10

    Lawyers agree

    Answered . The statute of limitations in Texas for personal injury cases is generally two years for injured adults. If your daughter was a minor when the negligence occurred, the statute of limitations would expire two years after her eighteenth birthday.

    It would be wisest for your daughter (or you, if she is a minor) to contact a Houston personal injury attorney for a consultation about pursuing a claim. You can contact me or my legal staff at 800-634-8042.

    This information is general in nature and is not legal advice for your specific situation. No Attorney-Client... more
  2. George Louis Legrand

    Contributor Level 12

    7

    Lawyers agree

    Answered . The standard statute of limitations in Texas for personal injury is two years. This two year limitation would apply to either a negligence case concerning the handling of the food in question OR a products theory concerning what you were sold. If you were served "bad tuna" you would still need to have suffered damages that justify bringing a claim. There are a lot of great lawyers in your area of Houston who will give you a free consultation to determine your rights. Since you are asking about limitations, you should probably take action as soon as possible to preserve your rights. I hope this was helpful.

    This answer and all answers and information I provide on Avvo are intended to provide general information only and... more
  3. Daragh John Carter

    Contributor Level 14

    7

    Lawyers agree

    Answered . I agree that the Statute of Limitation (SOL) is two-years from the date of injury for personal injury in Texas, including food poisoning. The caveat that I would add is that if your daughter is a minor, you as her parent have the legal claim for reimbursement of any related medical costs, and the SOL for YOUR claim for the medical expenses begins running on the date of injury. Again, assuming your daughter in a minor, then her claim for general damages (i.e. other than medical bills, such as pain and suffering) begins running when she turns 18.

    Typically however if a settlement is reached on a minor child's claim it is done within two-years of the date of injury, both for medical expenses and general damages such as pain and suffering. Depending on the size of the settlement, the money due to the minor child may be put away until the child is at least 18-years old.

    Good luck with your case. Food poisoning cases can be tricky. I handled a food poisoning wrongful death case in Houston several years ago.

  4. George Costas Andriotis

    Contributor Level 20

    8

    Lawyers agree

    Answered . Texas personal injury is 2 years.

    Call for a free consultation at 727-937-1400 or visit us on the Web at www.serviceandjustice.com.
  5. Christian K. Lassen II

    Pro

    Contributor Level 20

    5

    Lawyers agree

    Answered . 2 yrs with the statute running from the 18th birthday...file before age 20.

  6. Alan Dean Tysinger

    Pro

    Contributor Level 11

    Answered . The limitations period is 2 years, but it is wise to pursue it well before that before evidence such as restaurant employees start to disappear (leave for other jobs and can't be found) or memories start to fade.

  7. Daryl L. Derryberry

    Pro

    Contributor Level 13

    Answered . In Texas negligence cases must be brought within 2 years. Food poisoning cases can be difficult cases. Please consult with an experienced personal injury attorney. Good luck.

    By providing this legal analysis of the issue presented, no attorney/client relationship is being formed.... more

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