Statutes of limitations and repose set time limits for filing lawsuits. They ensure fairness by preventing stale claims and protecting defendants from defending against long-ago events with lost evidence or faded memories.

These statutes impact negligence claims differently. Limitations periods start when the injury is discovered, while repose periods begin from a specific event, regardless of when the injury occurs. Understanding their application is crucial for both plaintiffs and defendants.

Statutes of Limitations and Repose

Purpose of limitation statutes

• Ensure fairness and prevent stale claims by limiting time period for bringing a claim
• Protect defendants from defending against claims arising from long-ago events (lost evidence, faded memories)
• Encourage plaintiffs to pursue claims diligently and promptly
• Bar claims not brought within specified time period, making them time-barred and unable to be brought in court

Limitations vs repose statutes

• Statutes of limitations time period begins when cause of action accrues, typically when plaintiff discovers or should have discovered injury and its cause
  • Length varies by jurisdiction and claim type, generally 1-6 years for personal injury claims
• Statutes of repose time period begins from specified event (manufacture, sale, delivery of product), regardless of when injury occurs or is discovered
  • Length typically longer than limitations, often 5-12 years depending on jurisdiction and claim type
  • Provide definite end point beyond which no claim can be brought, even if injury not yet occurred or discovered

Impact on negligence claims

• Limitations statutes can bar negligence claims if plaintiff fails to file suit within specified time after discovering injury and cause
  • Encourages prompt investigation and pursuit of claims
  • Prevents defendants from facing claims based on long-ago events with lost evidence or faded memories
• Repose statutes can bar negligence claims even if injury not yet occurred or discovered by time repose period expires
  • Provides definite end point for potential liability, allowing defendants to plan and budget accordingly
  • May prevent some plaintiffs from recovering for latent injuries manifesting years after triggering event

Application to time-barred claims

1. Identify jurisdiction and claim type involved

2. Determine applicable statute of limitations and when cause of action accrued

   • If claim filed after limitations period expired, it is time-barred

3. Determine if applicable statute of repose exists and when triggering event occurred

   • If repose period expired, claim is time-barred even if limitations period has not run

4. Consider any exceptions or tolling provisions that may apply

   • Some jurisdictions have discovery rules delaying start of limitations period until plaintiff discovers or should have discovered injury and cause
   • Some jurisdictions toll limitations period for minors or other legally disabled plaintiffs until disability removed