Statute of Repose – establishes a time limit for when a civil action can be brought, whether or not there has been an injury

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statute of repose:
(18c)

1. A statute barring any suit that is brought after a specified time since the defendant acted (such as by designing or manufacturing a product), even if this period ends before the plaintiff has suffered a resulting injury. [1]

1. Unlike statute of limitations, statutes of repose establish a maximum period of time in which an action can be brought, whether or not there has been an injury.  Statutes of repose relate only in civil cases. [2]

     Excerpt from C.J.S.’ Limitations of Actions:

     “A statute of repose… limits the time within which an action may be brought and is not related to the accrual of any cause of action; the injury need not have occurred, much less have been discovered.  Unlike an ordinary statute of limitations which begins running upon accrual of the claim, the period contained in a statute of repose begins when a specific event occurs, regardless of whether a cause of action has accrued or whether any injury has resulted.” [3]

References:

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[1]: Black’s Law Dictionary Deluxe Tenth Edition by Henry Campbell Black, Editor in Chief Bryan A. Garner. ISBN: 978-0-314-61300-4

[2]: Ballantine’s Law Dictionary Legal Assistant Edition by Jack Ballantine (James Arthur 1871-1949).  Doctored by Jack G. Handler, J.D. © 1994 Delmar by Thomson Learning.  ISBN 0-8273-4874-6.

[3]: 54 C.J.S. Limitations of Actions § 4, at 20-21 (1987)

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