What is a statute of repose?

A statute of repose is a law that sets a deadline for a person to bring a lawsuit for a specific type of personal injury or property damage. In the state of South Dakota, a statute of repose stipulates that a person must bring a civil action for personal injury or property damage within a certain amount of time after the cause of the injury or damage has occurred, regardless of when the person discovers the harm. This time period is usually set at ten years from the time of the injury or damage, and is often shorter than the statute of limitations for bringing a lawsuit. The statute of repose is important in accident law because it helps to clarify when a person may no longer bring a claim. Knowing this time limit helps to protect the rights of businesses and other organizations that may be involved in the incident to not have to worry about potential lawsuits years after the fact. Additionally, a statute of repose helps to ensure that any damage or injury is addressed within the appropriate amount of time. In South Dakota, the statute of repose is also known as the "Discovery Rule," as it sets a deadline for discovery of an injury or harm after which a lawsuit may no longer be brought by a person. Without this rule, a person may be able to bring a lawsuit many years after the injury or harm occurred. Knowing this deadline helps to ensure that justice is served in a timely manner.

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