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 not specific legal advice. This answer does not create any attorney client relationship. I hope you find the information helpful.
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 relationship is created by this communication. There is no substitute for a personal consultation with an attorney who is skilled in the area of law in which you seek assistance, and who has been provided adequate information upon which to base an opinion.
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.
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.
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. Additionally, attorney is not agreeing to represent the individual who presented the question concerning the legal issue. A signed retainer agreement is required before an attorney /client relationship is established. The analysis provided is meant solely to provide general guidance about the legal issue presented.
Sign up to receive a 3-part series of useful information and advice about personal injury law.