A statute of repose is a law that limits a plaintiff’s ability to sue for harms. Find out how it works and how it differs from a statute of limitations.

Topic Overview

Typically, a person who is harmed can sue within a specific timeframe. While the statute of limitations is the best-known limit on filing lawsuits, the statute of repose is another option that may apply.

Key takeaways about statutes of repose

  • A statute of repose puts a time limit on a party’s ability to sue for harms they suffered. The intent is to encourage the timely filing of lawsuits and establish whether products or services were free from defects or negligence.
  • Statutes of repose are similar to statutes of limitations but differ in when the time limit begins.
  • Time frames for statutes of repose can vary by state and type of case.

Statute of repose definition

A statute of repose is a law that may prevent a plaintiff from filing a claim after some action by the defendant. The time period for claims starts running from the time of the defendant’s actions rather than the time of the plaintiff’s injury. If a plaintiff doesn’t start their legal action within the limits of the statute of repose, they are barred from bringing a claim.

A statute of repose is usually related to a defendant selling a product or providing a service. They are often used to limit lawsuits related to:

  • Product liability, such as defects in construction or manufacturing
  • Professional malpractice, such as medical malpractice

Time limits on statutes of repose can vary.

Examples of statute of repose time limits

Congress set an 18-year statute of repose for the General Aviation Revitalization Act (GARA) of 1994. This federal statute applies to aviation lawsuits related to aircraft replacement parts and new aircrafts.

Texas state law set a limit of 10 years to file a claim against a surveyor who causes damages to the plaintiff.

The legal theory behind the statute of repose

If a product or service is used for a certain amount of time, this can indicate that it’s not defective or designed negligently. The statute of repose provides protection for defendants in this situation.

The statute of repose also encourages plaintiffs to file in a timely manner. This can also prevent plaintiffs from filing cases related to events that happened long ago and rely on missing evidence or old memories.

What if your claim misses the statute of repose deadline?

In general, the deadline of a statute of repose is absolute. There may be exceptions in certain circumstances, such as:

  • Fraud or concealment
  • A victim who was a minor or in some way incapacitated

If you’ve been harmed and are considering a lawsuit, contact an attorney immediately to help you comply with any statutes of repose or limitations.

Contact an attorney today

If you or a loved one were harmed by a defective product, a statute of repose could impact your ability to hold a company accountable. Consider reaching out to Motley Rice today to explore your legal options.

Complete our online form or call 1.800.768.4026 to connect with a Motley Rice attorney for a free consultation.

Statute of repose vs. statute of limitations

Statutes of repose and statutes of limitations both limit a potential plaintiff’s ability to file a lawsuit. The period of a statute of repose generally begins when a potential defendant performs a certain action, such as selling a product or providing a service. The plaintiff must file a claim within a certain time period after that action.

With a statute of limitations, the time period begins when a harm or injury occurs. A plaintiff must file a lawsuit within a certain time of that harm or injury.

What claims do statutes of repose apply to?

Typically, statutes of repose apply to certain types of cases, including:

  • Construction defects: Plaintiffs in cases related to defects in construction are often subject to statutes of repose.
  • Product liability: Time limits for statutes of repose related to defective products may start when the product was manufactured or purchased by the plaintiff. This starting point depends on the jurisdiction.
  • Professional malpractice: Some states have statutes of repose for malpractice, such as legal or medical malpractice.

Be sure to consult an attorney immediately if you believe you have a construction defect, product liability or professional malpractice case. Time limitations and starting points often vary by state.

Our litigation experience

Motley Rice attorneys have practiced in jurisdictions across the U.S. and in courts in other countries. These include:

  • U.S. federal courts, including district courts and the Supreme Court
  • State courts nationwide
  • High Court of South Africa
  • Council of State (Belgium)

Our attorneys can evaluate local statutes to determine what time limits are relevant to clients’ cases.

Learn more about our cases involving complex laws.

Sources
  1. American Legislative Exchange Council. Ten-Year Statute of Repose Act.
  2. Cornell Law School. Statute of Repose.
  3. Lexology. Understanding Statutes of Repose.
  4. Schwartz et al., The General Aviation Revitalization Act: How Rational Civil Justice Reform Revitalized an Industry, 67 J. AIR L. & COM. 1269 (2002).
  5. Texas Constitution and Statutes. Civil Practice and Remedies Code.
  6. Trial Lawyer’s Journal. What is Statute of Repose?