Two Deadlines, One Case
In complex litigation-particularly construction, product liability, and medical malpractice-there are often two different deadlines running simultaneously: the Statute of Limitations and the Statute of Repose. While they sound similar, they operate differently, and confusing them can be fatal to a case.
Key Differences
| Feature | Statute of Limitations | Statute of Repose |
|---|---|---|
| Trigger | The injury (or discovery of the injury). | The defendant's action (e.g., substantial completion of a building, sale of a product). |
| Focus | Focuses on the Plaintiff's knowledge and rights. | Focuses on the Defendant's liability exposure. |
| Flexibility | Can be "tolled" (paused) for discovery, minority, etc. | Generally rigid and absolute. Rarely tolled. |
| Purpose | Encourages diligent filing. | Provides ultimate finality (closure). |
A Practical Example: Construction Defect
Imagine a state has:
- A 4-year Statute of Limitations for construction defects (starts upon discovery).
- A 10-year Statute of Repose (starts upon project completion).
Scenario A: A building is finished in 2010. A major crack appears in 2015. The owner discovers it immediately. The Statute of Repose (2020 deadline) hasn't passed. The owner has 4 years from discovery (until 2019) to sue. They are safe.
Scenario B: A building is finished in 2010. A major crack appears in 2022. The owner tries to sue immediately. The 4-year Statute of Limitations hasn't passed because they just found it. HOWEVER, the 10-year Statute of Repose expired in 2020. The claim is barred. The owner has no legal remedy.
Why Statutes of Repose Are Controversial
Statutes of repose can seem harsh because they can extinguish a claim before the injury even happens. In the example above, the owner lost their right to sue two years before the building even broke. Legislatures pass these laws to protect industries (like architects, engineers, and manufacturers) from indefinite liability, arguing that after 10 or 15 years, they should not be responsible for products or structures that have aged.