What is a “statute of repose” defense to a product liability claim?
A statute of repose defense to a product liability claim is a limit that says a claim must be brought within a certain amount of time from when the product was first sold or distributed. This limit is usually shorter than the time limit for other types of claims, such as negligence. In the state of Oklahoma, the statute of repose for product liability claims is four years from the date of the original sale or distribution of the product. This means that if a person suffers injury or harm due to a dangerous product within four years of its sale or distribution, they may be able to make a claim against the manufacturer, supplier, or distributor of that product. The statute of repose was developed to protect businesses from being held responsible for their products long after they have gone to market. For instance, if a product is sold twenty years ago and the manufacturer has no way of knowing how it has been used since then, it is not fair to hold them responsible for any harm it may have caused. The statute of repose defense does not apply to all product liability claims. For example, in Oklahoma, it does not apply when the defendant knew their product was dangerous and failed to inform consumers of its potential risk. In such a case, the defendant can still be held liable for all damages that occurred.
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