Current through the 2023 Regular Session
Section 27-2-204 - Tort actions - general and personal injury(1) Except as provided in 27-2-216, the period prescribed for the commencement of an action upon a liability not founded upon an instrument in writing is within 3 years.(2) The period prescribed for the commencement of an action to recover damages for the death of one caused by the wrongful act or neglect of another is within 3 years, except when the wrongful death is the result of a homicide, in which case the period is within 10 years.(3) The period prescribed for the commencement of an action for libel, slander, assault, battery, false imprisonment, or seduction is within 2 years.Amended by Laws 2019, Ch. 367,Sec. 2, eff. 5/7/2019.(1)En. Sec. 510, C. Civ. Proc. 1895; re-en. Sec. 6443, Rev. C. 1907; re-en. Sec. 9027, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 335; re-en. Sec. 9027, R.C.M. 1935; Sec. 93-2601, R.C.M. 1947; (2)En. Sec. 514, C. Civ. Proc. 1895; amd. Sec. 2, p. 157, L. 1901; amd. Sec. 2, Ch. 128, L. 1903; re-en. Sec. 6447, Rev. C. 1907; re-en. Sec. 9031, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 339; re-en. Sec. 9031, R.C.M. 1935; Sec. 93-2605, R.C.M. 1947; (3)En. Sec. 515, C. Civ. Proc. 1895; re-en. Sec. 6448, Rev. C. 1907; re-en. Sec. 9032, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 340; re-en. Sec. 9032, R.C.M. 1935; Sec. 93-2606, R.C.M. 1947; R.C.M. 1947, 93-2601(part), 93-2605(2), (3), 93-2606(3); amd. Sec. 17, Ch. 12, L. 1979; amd. Sec. 1, Ch. 158, L. 1989; amd. Sec. 4, Ch. 560, L. 1993; amd. Sec. 1, Ch. 266, L. 2007.Section 18 of Laws 2019, Ch. 367 provides: "Retroactive applicability. (1) Except as provided in subsection (2), [section 3] applies to all causes of action now pending or commenced on or after [the effective date of this act], regardless of when the cause of action arose, as well as to previously filed actions that have been dismissed on the basis of an expired statute of limitations. To this extent, [section 3] applies retroactively, within the meaning of 1-2-109. (2) [Section 3] does not apply to: (a) any claim that has been litigated to finality on the merits in any court of competent jurisdiction prior to [the effective date of this act]; or (b) any settlement agreement reached prior to [the effective date of this act] for all claims alleging childhood sexual abuse."