Mr. Chairman, every State has statutes of limitation that prescribe the period of time within which a law must be brought. Similar but not identical is a statute of repose. Statutes of repose specify the period of time after which a manufacturer may not be sued for an alleged injury caused by its product. Consequently, a statute of limitations specifies when an existing right to bring a suit expires, while statutes of repose specify the period of time after which no right to sue will be recognized at all. Seventeen States have enacted statutes of repose, but they vary in length and in their applicability to various products. A uniform statute of repose is needed in order to provide certainty and finality in commercial transactions. Section 108 of H.R. 956 would establish a 15-year Federal statute of repose in product liability cases. Thus, a product liability action against a manufacturer would be barred 15 years after the date of first delivery of the product. To be fair to plaintiffs, the provision would not apply in instances involving a latent illness--a physical illness the evidence of which does not ordinarily appear less than 15 years after the first exposure to the product.
Editor's note · Context
Discussing the need for a uniform statute of repose in product liability cases.
Share
More from Henry Hyde
I simply want to say, in response to my friend, the gentlewoman from California (Ms. Lee), that contempt is not animating our legislation, and I really question the wisdom of penetrating motives, which seems to be a habit with some people…
It is a privilege to speak in honor of the life and the achievements of His Holiness Pope John Paul II. It is hard to imagine any other person who holds so much worldwide respect regardless of religious faith. The estimated 4 million…
I think our politics has suffered. I hope not a mortal blow, but certainly a serious blow. The name calling, the negativity, the throwing of mud, the institution of the White House, the presidency, and Congress itself. People are looking…
an unrelenting Government assault on property rights, fueled by a dangerous and emotional vigilante mentality that sanctions shredding the U.S. Constitution into meaningless confetti.





