Is there a statute of repose for ski accident claims?

In Washington, the statute of repose for ski accident claims is three (3) years from the date of the injury or from "the last act or omission of the defendant which caused or contributed to the injury." This three-year period is for the accrual of the claim and does not limit the time for the commencement of an action. However, any action must be brought within the three-year period or the claim is forever barred. Washington courts have not adopted the "discovery rule" which would extend the period for the filing of a claim when a plaintiff does not know of their injury until after the expiration of the three-year period. For example, if an individual is injured in a ski accident in Washington on January 1, 2019, their claim must be brought within three years of the date of their injury, by January 1, 2022. If an individual does not discover the extent of their injury until after that date, they are still barred from bringing a claim in accordance with the state’s statute of repose. The statute of repose is different than the statute of limitations which applies to ski accidents in Washington. The statute of limitations allows a plaintiff to bring a claim within two (2) years after the injury has been discovered. This two-year period is measured from the date of discovery, not from the date of the injury. Therefore, if an individual discovers the extent of their injuries from a ski accident in Washington on January 1, 2021, they can bring a claim up until January 1, 2023.

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Is there a statute of repose for ski accident claims?

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