What is a “statute of repose” defense to a product liability claim?

A “statute of repose” defense to a product liability claim is a legal protection that can be used by companies to limit their liability or responsibility for a product causing injury or harm. In Florida, a statute of repose is a defense primarily used in products liability claims. The statute applies to any product liability claim involving an injury or death occurring more than twelve years after the product was first sold or put into use by the original user. The purpose of a statute of repose is to ensure that companies do not have to face strict liability for harm that may have been caused by their product after a certain number of years. This is especially important when it comes to products that may become defective or dangerous over time due to wear and tear, environmental conditions, changes in the product’s composition, or other factors. A successful statute of repose defense means that the injured party must prove that the product was still in a defective or dangerous condition at the time of the injury, even if the injury occurred more than twelve years afterwards. This is very difficult to do as it requires the court to examine the condition of the product at the time of its sale or initial use. The statute of repose defense is a powerful tool for companies to protect themselves from potential liability for harm caused by their products.

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What is a “statute of repose” defense to a product liability claim?

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