Laches is a defense in civil cases where the plaintiff failed to act in a timely manner. It requires a significant period of time to have elapsed, no claims to have been made during that period, and the delay to be prejudicial. Plaintiffs can respond with compelling evidence. Laches is designed to prevent undue delays between acknowledging a legal wrong and suing.
Laches is a civil defense which basically argues that the plaintiff is not entitled to an equitable remedy because the plaintiff failed to act in a timely manner. This defense is often compared to statute of limitations, except it operates a little differently and addresses civil, not criminal, cases. A plaintiff can respond to this claim by presenting compelling evidence showing why he did not act sooner.
For the laches defense to work, it must be shown that a significant period of time has elapsed, that the plaintiff never asserted any claims during this period, and that the delay is prejudicial in nature. For example, if one property owner is aware that another property owner is veering beyond the lot line and does nothing for three years before curtly suing, the defendant could use the Laches defense and argue that the actor should have done something sooner, like when the problem was acknowledged.
Plaintiffs may have reasons why they didn’t act right away. For example, someone may have previously been unable to act due to an incapacity. If someone’s rights are violated while that person is in a coma, for example, that person could later sue, and the delay isn’t prejudicial because the plaintiff couldn’t sue earlier. Likewise, if someone was ignorant of their rights under the law, laches is not an effective defense. In the above example with two property owners, for example, if the first property owner didn’t know where the lot line was or was misled as to his location and just found out the neighbor was trespassing, the cause can still be considered valid.
Laches is designed to prevent situations where there is an undue delay between when a legal wrong is acknowledged and when someone sues. People are encouraged to take action as soon as they learn of a violation to seek redress. Failure to exercise legal rights can result in a “tomorrow, you lose” scenario, as long delays can be detrimental to the defendant. For example, if someone wants to sue for wrongful termination 10 years after being fired from their job, this puts the employer at a disadvantage since relevant witnesses and documents can be difficult to obtain.
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