Maine Revised Statutes

Me. Rev. Stat. tit. 14, § 853 (2026)

Persons under disability may bring action when disability removed

✓ current as of May 2026

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If a person entitled to bring any of the actions under sections 752 to 754, including section 752‑C, and under sections 851 and 852 and Title 24, section 2902 and, until July 1, 2017, section 2902‑B is a minor, mentally ill, imprisoned or without the limits of the United States when the cause of action accrues, the action may be brought within the times limited herein after the disability is removed. [PL 2013, c. 329, §1 (AMD).]

SECTION HISTORY

PL 1977, c. 492, §2 (AMD). PL 1985, c. 343, §2 (AMD). PL 2013, c. 329, §1 (AMD).

Notes of Decisions

Cited in 56 cases (7 in the last 5 years), 1976–2025 · leading case: McAfee v. Cole, 637 A.2d 463 (Me. 1994).

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McAfee v. Cole, 637 A.2d 463 (Me. 1994). · cites it 8× “McAfee raises three arguments on appeal: (1) because his claims based on sexual abuse did not accrue until he "discovered" them in 1992, they are not barred by the statute of limitations; (2) even if his claims would otherwise be barred by the statute of limitations, factual…”

Dasha Ex Rel. Dasha v. Maine Med. Ctr., 665 A.2d 993 (Me. 1995). · cites it 6× “The parties also agree that Dasha does not come within the provisions of 14 M.R.S.A. § 853 (Supp. 1994), the tolling statute, because he was not mentally ill when the cause of action accrued.”

Christine S. Angell v. Renald C. Hallee, 2014 ME 72 (Me. 2014). · cites it 4× “See 14 M.R.S.A. § 853 (1980) (incorporating a 1977 amendment); 4 Angell, 2012 ME 10, ¶ 6 , 36 A.”

Angell v. HALLEE, 2012 ME 10 (Me. 2012). · cites it 3× “See 14 M.R.S.A. § 853 (1965); 2 1 M.R.S. § 72(11-A) (2011); Harkness, 1997 ME 207 , ¶ 4 n.”

Nuccio v. Nuccio, 673 A.2d 1331 (Me. 1996). · cites it 4× “In response to that motion, Kathleen contended that the statute should be tolled either (1) because she suffered a mental illness, 14 M.R.S.A § 853 (Supp.1995), 2 or (2) because Luke’s threats of violence should equitably estop him from asserting a statutory bar to her action.”

Faucher v. City of Auburn, 465 A.2d 1120 (Me. 1983). · cites it 2× “14 M.R.S.A. § 853 does toll several statutes of limitations during minority; the MTCA's limitations period is not included in that list.”

Melanie (Currie) Steadman v. Steven Pagels, 2015 ME 122 (Me. 2015). · cites it 2× “See 14 M.R.S. § 853 (2013) (this section has since been amended, see P.”

Durepo v. Fishman, 533 A.2d 264 (Me. 1987). · cites it 2× “It is also significant that the legislature in the wrongful death statute has provided that every action thereunder shall be brought by the personal representative of the deceased, thereby preventing any tolling of the statute of limitations under 14 M.”

Maine Med. Ctr. v. Cote, 577 A.2d 1173 (Me. 1990). · cites it 2× “14 M.R.S.A. § 853 provides: If a person entitled to bring any of the actions under sections 752 to 754, including section 752-C, and under sections 851, 852 and Title 24, section 2902 is a minor, mentally ill, imprisoned or without the limits of the United States when the cause…”

Steeves v. City of Rockland, 600 F. Supp. 2d 143 (D. Me. 2009). · cites it 2× “123 The plaintiffs rejoin that notice of claim was given within one month of Steeves’ appointment as guardian of Ames and that, pursuant to 14 M.R.S.A. § 853, the time during which a mentally ill person may bring an action is not measured until the date the disability is removed.”

Baker v. Farrand, 2011 ME 91 (Me. 2011). “Through statutory enactment, the Legislature has foreclosed our capacity to define when the statute of limitations of section 2902 may be tolled, see 14 M.R.S. §§ 853, 859 (2010), or to establish instances where the discovery rule may be applied, see 24 M.”

McLaughlin v. Superintending Sch. Comm., 2003 ME 114 (Me. 2003). “In those actions, 14 M.R.S.A. § 853 (2003) provides minors the *788 opportunity to bring actions, independently, without a representative, within two years of the minor’s eighteenth birthday.”

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