statute of repose


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statute of repose

Legal protection from prosecution or damages that result from the failure of a project completed in the distant past. A statute of repose protects participants in the project (for example, a heart valve manufacturer for its old, currently obsolete heart valves) for a specified number of years after the valve is no longer made, sold, or used in patient care.

Repose statutes differ from statutes of limitation. A statute of limitations provides protection to the valve manufacturer if an injured patient fails to file a claim of damages some number of months after being injured by the operation to implant it. The statute of repose provides the valve maker with an independent protection that states, in essence, that once a sufficient time has passed, the manufacturer has no ongoing relationship with its old products.

References in periodicals archive ?
(256) And because the statute also includes a twenty-five-year statute of repose, a plaintiff must bring suit within twenty-five years of the defendant's last effort to sell or the last sale of the product.
260, 2B's six-year statute of repose governing actions arising from improvements to real property operates to bar tort claims involving diseases with extended latency periods, such as those relating to asbestos exposure.
We conclude the statutory exposure period set forth in the builder's statute of repose had expired by the time Soletski was injured by a structural defect, and no exception to the statute of repose applies.
The Court of Appeals said that the statute of repose for breach of statutory warranty claims is different for different individual condominium units.
Because the work at the parking garage had been substantially completed 20 years before the panel had fallen, many believed any recovery would be barred by the statute of repose. Even so, the plaintiffs' attorney was able to argue successfully that there is a legal exception to the 10-year rule, one applying to cases in which it can be shown that a defect was deliberately concealed.
Accordingly, they moved to dismiss, asserting that the claims were barred by Ohio's statute of repose, which prohibits product liability claims "against the manufacturer or supplier of a product later than ten years from the date that the product was delivered to its first purchaser."
The CalPERS Court deemed the one-year bar in section 13 a statute of limitations and its three-year bar a statute of repose, distinguishing them on the ground that statutes of repose "are enacted to give more explicit and certain protection to defendants" (15) and "effect a legislative judgment that a defendant should be free from liability after the legislatively determined period of time." (16) Noting that the question of tolling is one "of statutory intent," (17) the Court relied on previous decisions for the conclusion that "the unqualified nature of [a statute of repose] supersedes the courts' residual authority and forecloses the extension of the statutory period based on equitable principles.
The so-called "statute of repose" narrowly passed the House last month and cleared a Senate committee soon after.<br />HB 1645<br />The bill requires plaintiffs in asbestos cases to disclose the existence of any claims that have been or could be made against asbestos trusts.
1991), the Second District held that the four-year statute of repose in Fla.
The defendants argued that Employee Retirement Income Security Act (ERISA) Section 1113(1), which provides for a six-year statute of limitations on certain ERISA claims, constitutes a statute of repose, rather than an ordinary statute of limitations, and “is not subject to waiver--even express waiver.”
Although nearly all the states and the District of Columbia have some form of tort statute of repose, these statutes, which may impose an absolute bar on some actions, are less conspicuous.
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