June 03, 2024

Washington Appellate Court Holds Statute of Repose Constitutional and Applicable in All Cases Applying Its Product Liability Act

Faegre Drinker on Products blog

Statutes of repose serve as substantive outer limits on product liability claims after a certain time period following the product’s sale or use, potentially providing a complete defense in some jurisdictions and a rebuttable presumption of non-defectiveness in others.  But for a statute of repose to provide a viable defense, it must apply to the case at hand and survive constitutional scrutiny. A recent appellate decision from Washington State provides good news on both fronts for defendants facing claims brought under the Washington Product Liability Act (WPLA).

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