Products repose statutes extinguish claims a defined number of years after the product was first sold or delivered, typically ranging from eight to fifteen years. Some states instead use a useful safe life standard.
Repose is not subject to the discovery rule.
Alternative Names:
Products Repose, Useful Life Statute
Why it Matters?
Establishing the date of first sale is the entire analysis, and it turns on manufacturing records, serial number databases, and distribution documentation rather than on the plaintiff's evidence. That makes maintaining those records a litigation asset for manufacturers of durable goods. Useful safe life statutes operate differently, creating a rebuttable presumption after a defined period rather than an absolute bar.
Frequently Confused with
Related terms
Frequently asked questions
What determines whether repose applies?
What is a useful safe life statute?
