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

A “statute of repose” defense to a product liability claim is an affirmative defense available in Utah. This type of defense provides a time limit after which a defendant in a product liability action is typically immune from liability. In Utah, a 10-year statute of repose applies to product liability lawsuits. This means that a party who has manufactured, sold, or serviced a product generally cannot be sued more than 10 years after it was first sold or put into service. The statute of repose provides a clear and reasonable limit to the amount of time potential claimants have to sue for damages related to a product. Essentially, it sets a limit to how far back a claimant can reach to file a lawsuit. Even if a product was sold 10 or more years earlier, and even if the company was aware of a potential defect, the statute of repose could protect them from a resulting lawsuit. The purpose of a statute of repose is to limit the liability of corporations and other manufacturers. Without a statute of repose in place, defendants in product liability cases could be held liable for products sold decades earlier, which creates difficult problems of proof for the defendant. By protecting manufacturers from historical claims, the statute of repose limits their potential liability and encourages innovation.

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

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