What is the Statute of Repose in a Civil Suit

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A "statute of repose" in a civil lawsuit is a law that bars a legal claim after a specific period of time has passed, regardless of when the injury occurred or was discovered, essentially meaning a plaintiff can no longer sue a defendant even if they haven't yet experienced harm, as long as the specified time frame has elapsed since a triggering event like a product sale or construction completion; this generally favors the defendant more than a statute of limitations which starts when the injury occurs. 

Key points about a statute of repose

Timef rame starts from a specific event

Unlike a statute of limitations, the time period for a statute of repose begins counting down from a specific action by the defendant, like the date a product was sold or a construction project was completed, even if the injury hasn't happened yet. 

Protects defendants from stale claims

The purpose of a statute of repose is to protect defendants from having to defend against lawsuits where evidence may be lost or memories faded due to a long passage of time. 

Common applications

Statutes of repose are often used in construction defect cases, product liability lawsuits, and medical malpractice claims. 

For product liability cases, a statute of repose is typically set in place that bars the ability to file a lawsuit for injuries caused by the product after a certain amount of time, regardless of whether or not the statute of limitations has not expired. In Tennessee, the statute of repose for product liability cases is ten years from the date the product was first sold to consumers.

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