50% More Time to Bring Suit Against an Intentional Tortfeasor?
In the Wisconsin Law Journal, Jack Zemlicka writes about a potential statutory change that would increase the statute of limitations on an intentional cause of action from two years to three years. The additional time would bring the statute on intentional claims into line with the statue for negligent claims, which is already three years.
From a practical perspective, it may not make much of a difference, except in cases where there are likely to be claims of both negligent and intentional action. For instance, negligent hiring and supervision claims often include claims of intentional action by the employee, or claims of inadequate security which often include claims of an underlying attack by a patron or invitee.
This change might also curb attempts by plaintiffs’ counsel to characterize intentional behavior as negligent in order to obtain the benefit of a longer statute of limitation. While not often successful, this strategy can cause expensive motion practice which increase settlement leverage.
