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

A “statute of repose" defense to a product liability claim is a defense that limits a manufacturer’s liability for personal injury caused by a defective product. In New York, this defense is provided by the state’s dangerous products law. This law limits a manufacturer’s liability to 12 years from the date the product was first sold to the public. In other words, after 12 years, a manufacturer can no longer be held liable for any injuries caused by a defective product. This 12-year limitation period is known as the “statute of repose” defense, and acts as an absolute defense to a product liability claim. That is, even if a product was found to be defective, the manufacturer would not be liable for any injuries that occurred after the 12-year period had expired. This defense is intended to protect manufacturers from claims due to products that had been in circulation for a significant period of time, and are therefore more likely to be subject to wear and tear. The statute of repose defense also serves to protect manufacturers by encouraging them to release safer products and by providing them with the assurance that any product they place on the market will not be held liable for injuries suffered after a fixed period of time. It is important to note, however, that this defense does not preclude liability for injuries caused by a dangerous product before the 12-year period has expired.

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

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