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Statute Of Repose

Statute of Repose

Definition

Statute of Repose — a law that cuts off a right of action after a specified time period has elapsed, regardless of when the cause of action accrues. Most states have statutes of repose specific to construction projects that prohibit claims for construction defect beyond a specified number of years after the construction is completed. These statutes vary widely with regard to the limitation periods, what is covered, and whom the statute protects. A statute of repose differs from a statute of limitation in that the time periods specified in statutes of limitations usually do not begin to run until the injury or damage actually occurs, irrespective of when the work was performed or the product was sold.
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Related Terms

Tolling a Statute of Limitations

A time period during which a statute of limitations for bringing a specific type of legal action is temporarily stopped from running. For example, many states have statutes that toll the statute of limitations for an accrued negligence claim belonging to a child while the child is still a minor. That means that, for up to 18 years, the 2-year statute of limitations on negligence claims, which otherwise would have long since run out, is stopped from running. When the child reaches age 18, the 2-year statute of limitation period begins to run at that point, and the plaintiff has until he or she reaches age 20 to file suit.

Statute of Limitations

A law prescribing the period within which certain types of causes of action must be brought. This period usually begins to run when the injury or damage occurs. Each state has enacted statutes that prescribe the period within which suits must be filed that vary from claim to claim. In most states, the statutory time within which a plaintiff must file suit on a bodily injury (BI) claim based on negligence is 2 years. For malpractice claims, the statute of limitations may be only 1 year. Sometimes, courts may postpone the triggering of a statute of limitation where the plaintiff does not know about the claim. Applying the "discovery rule," some courts hold that statutes of limitations begin running when the plaintiff discovers that he or she has a claim. Actions for declaratory judgment in an insurance coverage matter are generally held to be governed by the statute of limitations for suits on written contracts, which vary in length from state to state. In Texas, for example, suit on a written contract (including an insurance policy) must be filed within 4 years of the date on which one party breaches the agreement, whereas in Ohio, such a suit may be filed at any time up to 15 years after the breach.

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