Claims Examiner

[guestposter]

Does the statute of limitations apply to the State of Texas? Aconcrete barrier was damaged in Sept of 2008 and teh claim was not reported until May of 2012.
Please advise

 

[Michael Wechsler]

There are too many questions to answer here without facts. I think what you're trying to ask is whether the State of Texas can claim the statute of limitations allows them to evade liability since damage occurred in 2008 but wasn't reported until 2012. Assuming that the state didn't know the damage occurred, I would think that the statute of limitations on a claim would begin from the date the state became aware of the damage. Any other reasoning doesn't make sense - if you can prevent the state from finding out about damages caused to the state's property they shouldn't be able to sue? The law does not generally protect anyone by allowing them to profit from concealing their own wrongdoing.