When consumers purchase products, they trust that these items are safe and effective for their intended use. However, defects and malfunctions sometimes occur, leading to serious injuries or damage. Products liability law allows consumers to seek compensation for harm caused by defective products, holding manufacturers, distributors, and retailers accountable. Among the legal concepts central to products liability litigation is the statute of repose—an often misunderstood but critical doctrine that significantly impacts both plaintiffs and defendants.
What Is a Statute of Repose?
A statute of repose is a legal provision that sets an absolute time limit on when a lawsuit can be filed after a product has been manufactured or sold, regardless of when the injury occurred. Unlike a statute of limitations, which typically starts running from the date an injury is discovered, the statute of repose begins from a fixed event, such as the date of product delivery or the date it was placed in the stream of commerce. The time frame for repose varies by jurisdiction and type of product but often ranges from 5 to 15 years.
The Purpose of the Statute of Repose
The primary objective of a statute of repose is to provide finality and certainty to manufacturers and sellers by limiting their liability after a defined period. This provision recognizes that, over time, products may degrade, technology may become obsolete, and records or evidence necessary for defense may be lost or deteriorate. The statute of repose balances the interests of consumer protection with the need for fairness to businesses.
By limiting long-term liability, statutes of repose incentivize manufacturers to innovate and invest in new product development without fear of indefinite legal exposure. Over time, physical evidence can degrade, and witnesses may become unavailable. A statute of repose ensures that legal actions are filed while reliable evidence is still accessible.
Impact on Plaintiffs
The statute of repose can pose significant challenges for plaintiffs. Unlike statutes of limitations, which typically include provisions for tolling or exceptions for delayed discovery, statutes of repose often offer no such flexibility. This rigidity can bar legitimate claims, especially when defects are latent and injuries occur long after the product is sold. Injured parties must be aware of applicable repose periods in their jurisdiction to avoid missing the filing deadline. While there are very few exceptions, some jurisdictions include limited exceptions to the statute of repose for specific circumstances, such as intentional concealment of defects or fraud by the manufacturer.
Understanding application and limitations imposed by the applicable statute of repose in your state is essential for injured parties to navigate the complexities of products liability litigation. The attorneys at Anapol Weiss can quickly help identify the relevant timelines and ensure timely filing of claims.
