MARVIN MANDEL, Governor                                 211

(C) WHEN ACTION ACCRUES.

A CAUSE OF ACTION FOR AN INJURY DESCRIBED IN THIS
SECTION ACCRUES WHEN THE INJURY OR DAMAGE OCCUBS.

REVISOR'S NOTE: This section is new language
derived from Art. 57, §20. It is believed
that this is an attempt to relieve
builders, contractors, landlords, and
realtors of the risk of latent defects in
design, construction, or maintenance of an
improvement to realty manifesting
themselves more than 20 years after the
improvement is put in use. The section is
drafted in the form of a statute of
limitation, but, in reality, it grants
immunity from suit in certain instances.
Literally construed, it would compel a
plaintiff injured on the 364th day of the
19th year after completion to file his suit
within one day after the injury occurred, a
perverse result to say the least, which
possibly violates equal protection.
Alternatively, the section might allow
wrongful death suits to be commenced 18
years after they would be tarred by the
regular statute of limitations.

The section if conceived of as a grant of
immunity, avoids these anomalies. The
normal statute of limitations will apply if
an actionable injury occurs.

Subsection (c) is drafted so as to avoid
affecting the period within which a
wrongful death action may be brought.

SUBTITLE 2. COMPUTING TIME.
SEC. 5-201. PERSONS UNDER A DISABILITY.
(A) EXTENSION OF TIME.

WHEN A CAUSE OF ACTION SUBJECT TO A LIMITATION
UNDER SUBTITLE 1 ACCRUES IN FAVOR OF A MINOR OR MENTAL
INCOMPETENT, THAT PERSON SHALL FILE HIS ACTION WITHIN
THE LESSER OF THREE YEARS OR THE APPLICABLE PERIOD OF
LIMITATIONS AFTER THE DATE THE DISABILITY IS REMOVED.