Stuart lives in a state that sets a three-year statute of…

Stuart lives in a state that sets a three-year statute of limitations (SOL) on tort claims. His state also has an eight-year statute of repose.
June 1, 2020: Stuart bought a television on.
July 1, 2027: manufacturing defect causes the television to malfunction and cause an electrical fire.
July 1, 2028: Stuart waits for a year and then files a lawsuit
Will he win, or will his case be dismissed?
MATCH THE CORRECT ANSWER FOR EACH QUESTION
1. Defenses to Product Liability
What are statues of limitations?
2. Defenses to Product Liability
What are statues of repose?
3. Stuart lives in a state that sets a three-year statute of limitations (SOL) on tort claims. His state also has an eight-year statute of repose.
June 1, 2020: Stuart bought a television on.
July 1, 2027: manufacturing defect causes the television to malfunction and cause an electrical fire.
July 1, 2028: Stuart waits for a year and then files a lawsuit
Will the Statute of Limitations bar Stuart’s recovery?
4. Stuart lives in a state that sets a three-year statute of limitations (SOL) on tort claims. His state also has an eight-year statute of repose.
June 1, 2020: Stuart bought a television on.
July 1, 2027: manufacturing defect causes the television to malfunction and cause an electrical fire.
July 1, 2028: Stuart waits for a year and then files a lawsuit
Will the Statute of Repose bar Stuart’s recovery?
A.
Unfortunately, Stuart’s lawsuit will fail because of the statute of repose. That eight-year limit begins to expire when Stuart buys the television, and the lawsuit is not filed for eight years and one month from the time of sale.
B.
Places an absolute limit on when a lawsuit may be filed, regardless of when it was involved in an accident.
For product liability, usually 12 years from the date or sale of manufacture.
Based on State Law
C.
Requires a lawsuit be brought within a specified period. (1 year to 5 years)
Beginning when the defect is discovered or should have been discovered.
Based on State Law
D.
No. Stuart will not be barred by the statue of limitations. The statute of limitations’ three-year period starts to run only when Stuart discovers the defect. Because he filed one year from the fire, the statute of limitations (SOL) does not bar his recovery.