Defenses and Affirmative Defenses
Procedural Defenses
A statute of repose runs from a defined event such as product sale, substantial completion of construction, or provision of professional services, rather than from injury. Once the period expires, the claim is extinguished even if no injury has yet occurred.
Unlike limitations periods, repose statutes are generally not subject to the discovery rule and are tolled only in narrow circumstances.
Alternative Names:
Repose Period, Statute of Repose Bar
Why it Matters?
Repose is a harder bar than limitations and defeats claims that limitations analysis would allow. It is most valuable in product liability and construction defect defense, where the triggering event long predates the injury. Because the deadline is measured from a fixed and documentable event, establishing the defense often requires only product or completion records rather than disputed testimony.
Frequently Confused with
Frequently asked questions
How does repose differ from limitations?
Does the discovery rule apply to statutes of repose?
