What is the legal theory that the statute of limitations begins once an error is discovered?

The legal theory that dictates the statute of limitations begins when an error is discovered is referred to as the Discovery Rule. This principle is crucial in legal contexts as it allows for a more equitable approach to situations where a party may not have been able to identify a claim or a defect until a certain point in time.

Under the Discovery Rule, the clock for filing a lawsuit or a claim does not start ticking until the injured party learns of the facts that would provoke a reasonable person to investigate the possibility of a legal action. This is especially relevant in professions such as surveying where errors may not be immediately evident and may have long-term implications.

The importance of this rule lies in its intent to prevent injustices that could arise from strict adherence to a timeline that does not account for when an individual actually became aware of the issue.