We use cookies to improve security, personalize the user experience,
enhance our marketing activities (including cooperating with our marketing partners) and for other
business use.
Click "here" to read our Cookie Policy.
By clicking "Accept" you agree to the use of cookies. Read less
Understanding the Concealment Rule: Legal Insights and Applications
Definition & Meaning
The concealment rule, also known as the fraudulent concealment rule, is a legal principle that affects the statute of limitations in civil cases. This rule states that if a defendant hides their wrongdoing or if the nature of the wrongdoing is such that it conceals itself, the time limit for the plaintiff to file a lawsuit does not start until the plaintiff discovers the wrongdoing. Essentially, this rule protects plaintiffs from being unfairly barred from seeking justice due to a lack of knowledge about their injury or its cause.
Table of content
Legal Use & context
The concealment rule is commonly applied in civil law cases, particularly in personal injury, fraud, and breach of contract claims. It is particularly relevant when a defendant's actions are intended to mislead or hide the truth from the plaintiff. This rule allows individuals to pursue legal action even after the standard statute of limitations has expired if they can prove that they were unaware of the wrongdoing due to fraudulent concealment. Users can manage some aspects of these cases themselves with the right legal forms, such as those provided by US Legal Forms.
Key legal elements
Real-world examples
Here are a couple of examples of abatement:
Example 1: A person discovers that they have been harmed by a defective product only after the manufacturer has concealed evidence of the defect. They may invoke the concealment rule to extend the time they have to file a lawsuit against the manufacturer.
Example 2: A homeowner finds out years later that a contractor used substandard materials in a renovation project, and the contractor actively hid this information. The homeowner could potentially use the concealment rule to pursue legal action against the contractor despite the expiration of the usual statute of limitations.
Relevant laws & statutes
In Massachusetts, the concealment rule is codified under ALM GL ch. 260, § 12, which states that if a person liable for a personal action fraudulently conceals the cause of action, the time prior to the discovery of the cause of action is excluded from the statute of limitations. This legal framework supports the application of the concealment rule in personal injury and fraud cases.
State-by-state differences
State
Concealment Rule Details
Massachusetts
Codified under ALM GL ch. 260, § 12, allowing for extension of the statute of limitations if wrongdoing is concealed.
California
Similar concealment provisions exist, allowing for tolling of the statute of limitations in cases of fraud.
New York
New York also recognizes the concealment rule, allowing for an extension of the statute of limitations under certain circumstances.
This is not a complete list. State laws vary, and users should consult local rules for specific guidance.
Comparison with related terms
Term
Definition
Key Differences
Fraudulent Concealment
A specific type of concealment where the defendant intentionally hides wrongdoing.
Focuses on intentional actions to deceive the plaintiff.
Statute of Limitations
The maximum time period allowed for a plaintiff to initiate legal proceedings.
The concealment rule can toll or extend this time frame under certain conditions.
Common misunderstandings
What to do if this term applies to you
If you believe that your ability to file a lawsuit has been impacted by the concealment of wrongdoing, consider taking the following steps:
Document any evidence of the wrongdoing and its concealment.
Consult with a legal professional who can provide specific advice based on your situation.
Explore legal forms and templates available through US Legal Forms to help you initiate your action.
Find the legal form that fits your case
Browse our library of 85,000+ state-specific legal templates.