What is a statute of repose?
A statute of repose is a final cutoff for a lawsuit that starts counting from something the defendant did, such as selling a product or finishing a building, not from the day you were hurt. It can end a claim before an injury even happens, and it is much harder to pause than an ordinary deadline.
Last checked November 9, 2026 · Official sources (5)
How can a statute of repose block a claim? An example
EXAMPLE ONLY. A family in Dallas buys a space heater in 2008. In 2024 it catches fire and burns the father's arm, and the bills reach $40,000. The two-year deadline to sue only starts in 2024, so he seems to have plenty of time.
The problem is the second clock. Texas generally requires a product liability suit to begin within 15 years after the defendant sold the product, and that clock started in 2008. By 2024, 16 years have passed. Unless an exception applies, such as a written warranty of a longer useful life, the claim against the maker may be over before the fire even happened.
Why does a statute of repose matter to someone who was hurt?
It mostly shows up with older products, buildings and equipment. If an old ladder, car part, elevator or balcony hurt you, the age of the thing can matter as much as the date of the injury. Write down when it was bought, built or installed, and keep receipts, manuals and serial numbers.
It is also stricter than an ordinary deadline. Courts can sometimes stretch a statute of limitations for fairness, but the Supreme Court has said statutes of repose are not subject to equitable tolling. Claims involving old products are a common reason people talk with a lawyer early.
How does the statute of repose differ by state?
| State | Product claims | What we found |
|---|---|---|
| Arizona | The old 12-year product cutoff | The Arizona Supreme Court noted that its Hazine decision declared that statute of repose unconstitutional. Ask a lawyer about current Arizona law. |
| Texas | 15 years after the defendant sold the product | There are exceptions, including longer written warranties. |
| Florida | 12 years after delivery to the first buyer, for many products | Applies when harm came from use of the product more than 12 years after delivery to its first purchaser. |
Construction claims often have their own repose periods, and these rules have many exceptions. Your state's deadline page lists the basic time to sue:
Statute of repose vs. statute of limitations
Think of two alarm clocks. The statute of limitations is set when you are hurt, and it is usually a few years. The statute of repose is set when the defendant finished its part, and it is usually much longer. You have to beat both. A claim that is early on one clock can still be late on the other.
Questions
Can a statute of repose expire before I am injured?
Yes. It runs from the defendant's last act, such as the sale, so a very old product can be past the cutoff on the day it hurts you.
Does being a child or not knowing about the defect pause it?
Usually not in the way it pauses an ordinary deadline. The Supreme Court has said statutes of repose are not subject to equitable tolling, though a state law can write its own exceptions.
What should I keep if an old product hurt me?
The product itself, receipts, the manual, labels and serial numbers. They help show when it was sold, which is what the repose clock counts from.
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See if I’m owed moneySources (5)
- CalPERS v. ANZ Securities, 582 U.S. ___ (2017), checked 2026-11-09. “For this reason, statutes of repose begin to run on “the date of the last culpable act or omission of the defendant.””
- CalPERS v. ANZ Securities, 582 U.S. ___ (2017), checked 2026-11-09. “the Court repeatedly has stated in broad terms that statutes of repose are not subject to equitable tolling.”
- Tex. Civ. Prac. & Rem. Code § 16.012(b), checked 2026-11-09. “a claimant must commence a products liability action against a manufacturer or seller of a product before the end of 15 years after the date of the sale of the product by the defendant.”
- Arizona Supreme Court, Cronin v. Sheldon (1999), checked 2026-11-09. “Hazine declared unconstitutional the same statute of repose that Bryant upheld”
- Fla. Stat. § 95.031(2)(b), checked 2026-11-09. “if the harm was caused by exposure to or use of the product more than 12 years after delivery of the product to its first purchaser or lessee”