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

A “statute of repose” defense to a product liability claim is a law that limits the amount of time an injured person can make a claim after a product has been purchased. In South Dakota, the product liability acts states, “A cause of action shall not be maintained against the manufacturer of any product…unless the action is commenced within ten years from the date of initial purchase for use or consumption.” This means that a product liability claim must be brought within 10 years of the initial purchase of the product in order to be heard in court. This statute of repose is in place to protect manufacturers from being held liable for long-term damages caused by products that may have been purchased years ago. It serves as a limitation period on the claims made against manufacturers, which reduces the risk of the manufacturer being held liable for damages that occurred a significantly long time ago. The statute does not take into account the age of the product or how the product is used by the consumer. Instead, the statute limits the time in which the claim must be brought. Overall, a “statute of repose” defense to a product liability claim in South Dakota is a law that limits how long an injured person can seek to bring a claim against a manufacturer of a product. This law protects manufacturers from being held liable for damages that occurred a long time after the product was purchased.

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

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