Abstract
Since before statehood, Utah has placed children in a distinct position of legal disability, prohibiting them from personally bringing a cause of action before reaching the age of majority.' The purpose of according children this status as "minors" is not to deprive them of rights, but to safeguard their rights during a period in which they are viewed as immature, inexperienced, and unable to protect their rights independently.' Utah has always partially compensated for this disability by allowing a parent or guardian to act on behalf of a minor to bring a minor's claim in court. To safeguard the rights of minors in cases where a parent or guardian fails to act on behalf of the minor, Utah has traditionally exempted minors from statutes of limitation during their period of legal disability.' As a result, Utah has almost always accorded minors the right to bring an action on their own behalf upon reaching the age of majority.
Recommended Citation
Alston, Rob M.
(1992)
"Utah's Statute of Limitation Barring
Minors from Bringing Medical Malpractice
Actions: Riding Roughshod over the
Rights of Minors?,"
Utah Law Review: Vol. 1992:
No.
3, Article 10.
Available at:
https://dc.law.utah.edu/ulr/vol1992/iss3/10