Ten-Year Statute of Repose Act

 Summary

Statutes of repose prohibit filing of claims beyond a specified period of time after the date of sale of a product or provision of a service. This model bill provides that a plaintiff must commence a cause of action within 10 years after the purchase date of the product alleged to have caused an injury during use or consumption; the date of the last professional action alleged to have caused the harm; or the date of substantial completion of the construction that is alleged to have caused the harm.

Model Legislation

Section 1. {Title}

This Act shall be known and may be cited as the Ten-Year Statute of Repose Act.

Section 2. {Limitation period}

(A) In any action for:

(1) Personal physical injury, illness, or death;

(2) Mental anguish or emotional harm;

(3) Damage to property, except as such actions are governed by the Uniform Commercial Code;

(4) Wrongful death;

(5) Any loss of consortium or services; or

(6) Other loss deriving from any type of harm described in subparagraphs 2A.1-5, the plaintiff must commence a cause of action within 10 years after:

(a)  The date that the product that is alleged to have caused the injury was first purchased for use or consumption;

(b) The date of the last professional action that is alleged to have caused the harm; or

(c)  The date of substantial completion of the construction that is alleged to have caused the harm.

(B)  This time limitation does not apply if the harm described in subparagraphs 2A.1-5 resulted from exposure to a toxic substance and was not manifest for more than 10 years after the final exposure to the toxic substance.

Section 3. {Legal disability}

The time limitation in this Act shall apply to all persons regardless of minority or other legal disability.

Section 4. {Severability clause}

Section 5. {Repealer clause}

Section 6. {Effective date}

Approved by ALEC Board of Directors in 1995.

Reapproved by ALEC Board of Directors on January 28, 2013.

 

Keyword Tags: Legal Reform, Statute of Repose

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