Statute of Repose

Term: Statute of ReposeDefinition: A legal limitation on the time period within which a lawsuit can be filed from the date of the act that caused the injury, regardless of when the injury was discovered.Phonetic Pronunciation: (STAT-ute of reh-POHZ)Origin: The term "statute" derives from the Latin word "statutum," meaning "law" or "decree," while "repose" comes from the Latin "repausare," meaning "to rest." The concept of a statute of repose has roots in the need to provide eventual repose to potential defendants, ensuring that legal actions cannot be initiated indefinitely.Significance in Asbestos Context: In asbestos litigation, the statute of repose can significantly affect the ability of victims to file claims, as it may bar lawsuits if the exposure occurred beyond the time limit set by the statute, even if the disease manifests later. This is particularly critical in asbestos cases due to the long latency period of related diseases.Example Sentence: The plaintiff's claim was dismissed due to the statute of repose, as the asbestos exposure occurred more than 10 years before the lawsuit was filed.Related Terms: Statute of Limitations, Latency Period, Asbestos Litigation, Tort Reform, Discovery RuleNotes: - Statutes of repose are often confused with statutes of limitations, but they differ in that repose statutes start from the date of the act causing injury, not from the date of discovery. - The application of statutes of repose varies by jurisdiction, which can complicate multi-state asbestos litigation. - Some jurisdictions have exceptions or modifications to statutes of repose specifically for asbestos-related diseases due to their unique nature.