Legal Definitions - repose

In a legal context, repose refers to a specific type of time limit, established by law, after which a lawsuit cannot be filed, regardless of when an injury occurred or was discovered. This period begins when a particular event takes place, such as the completion of a product's manufacture or a building's construction, rather than when a problem is found or an injury is sustained. The primary purpose of a statute of repose is to provide a definitive end to potential liability for certain parties, offering them finality and protection from perpetual claims.

• Example 1: Construction Defects

  A construction company completes building a new residential complex in 2010. The state where the complex is located has a 10-year statute of repose for construction defects. In 2023, residents discover a major structural flaw in the building's foundation that causes significant damage. Even though the damage was only discovered in 2023, the statute of repose expired in 2020 (10 years after the building's completion). This means the residents are legally barred from suing the construction company for the defect, as the period of repose has passed.

• Example 2: Product Liability

  A manufacturer produces a specialized industrial machine in 2007. The state where the machine is sold has a 15-year statute of repose for product liability claims. In 2023, an employee operating the machine is severely injured due to a latent design flaw that only manifested after years of continuous use. Despite the injury occurring in 2023, the statute of repose expired in 2022 (15 years after the machine's manufacture). Consequently, the injured employee cannot sue the manufacturer for the defect, as the legal window for claims has closed.

• Example 3: Professional Services

  An architectural firm completes the design for a public library in 2009, and the building is constructed shortly thereafter. The state has a 12-year statute of repose for claims against architects and engineers. In 2022, a critical design flaw in the library's roof structure is identified during a routine inspection, requiring extensive and costly repairs. Because the statute of repose ended in 2021 (12 years after the design was completed), the city cannot pursue a lawsuit against the architectural firm for the design defect, even though the flaw was only discovered and caused issues after the repose period had concluded.