My 14 year old daughter was the victim of a civil assault and battery at the hands of her friend's mother, in which the mother pulled at my daughter's clothing so forcefully that she ripped her shirt from her body, exposing her breasts and body in front of other children and parents.
She was 13 when this happened in New York, and it has been just shy of a year.
I need to know how long she has to sue, and I need to know if there are other claims she can make. My cousin is a lawyer in California, and tells me that if it had happened there, for instance, my daughter would have claims for assault, battery, and likely sexual battery since this woman's hands touched my daughter's breasts and ultimately ripped her shirt off of her exposing her nude body to others. My cousin also tells me that in California, a minor has until at least when they turn 18 to sue, plus time on top of that depending on the claim.
Is there similar law in New York to make all of those claims? And how long do we have? Thank you!
In New York, the Statute of Limitations begins to run on the child's 18th birthday. For simple assault and battery tort actions, the statute of limitations is 1 year. You should consult a local attorney to determine the best course of action and timing for your case to ensure that you preserve all of your child's rights.
All views expressed are general opinions and do not constitute legal advice. No attorney-client relationship is established unless and until a signed retainer has been executed by the attorney and the client. You should not rely upon any opinion expressed as legal advice and should seek the advice of an attorney of your own choosing.
Mr. Turturo is correct. The SOL tolls until the plaintiff turns 18; the SOL for intentional torts is one (1) year.
I am not your attorney and any posts/messages or responses to posts/messages can not and do not establish an attorney-client relationship. You should not rely upon free legal advice, and I disclaim any liability for the outcome if you do. Any opinions offered on matters outside New York State are for general informational purposes only.
The statute of limitations begins to run when your daughter turns 18.However, there is nothing that precludes you from bringing an action on behalf of your minor child.
In addition to contemplating a civil action, you should make a formal criminal complaint with your local police precinct.
You should schedule a consultation with an attorney who will most likely advise you against waiting five years to bring a claim.
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