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 ?
Further, the court rejected Mary's contention that the ten year statute of repose was applicable to the case.
The court ruled that on July 17, 1993, when the plaintiff turned thirty years old, his claims against the defendant became barred by the 12-year statute of repose.
The court recognized the threshold issue as whether the statute of repose affects actions against government entities under the Tort Claims Act under South Carolina Law.
The medical malpractice statute of repose has no minority tolling provision.
This case primarily challenges workers' compensation subrogation statutes and the statute of repose for products, though a serious threat rests with the case's claim that SB 80 violates the single subject rule.
Moreover, verify that the sub's additional insured coverage is primary and not contributing with your client contractor's own insurance, and require the sub to maintain completed operations coverage for any additional insureds for the length of the state's statute of repose, if the project is residential or includes EIFS, prohibit the use of a residential or EIFS exclusion in the sub's general liability and umbrella policies.
Change the statute of repose from 13 to eight years.
Among other things, this legislation would establish an 18-year statute of repose on durable goods, meaning that a manufacturer could not be sued for an accident occurring more than 18 years after the date on which the product was delivered to its first buyer.
In fact, though, Rhode Island's statute of repose bars paint manufacturers from being sued; the state's suit is therefore against old lead pigment manufacturers.
But the present moderate bill to establish incremental relief for machinery builders and dealers in the form of a statute of repose won't be brushed aside for an attempt at more sweeping reform.
The complaint against Newhall Land accused developers of devising a scheme to trick residents into believing that spot repairs to the galvanized plumbing would solve their problems so that the 10-year statute of repose would pass without the homeowners asserting claims for the plumbing defects.
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