A statute of repose differs from a statute of limitations. Both of them stipulate a “deadline” by which legal action must be taken, but the similarities end there. A statute of repose has an absolute deadline and does not depend on when the problem was discovered.
In automotive defect claims, the statute of repose is calculated from the date a product was sold. The law provides for this to prevent plaintiffs from having an indefinite time period in which to file a lawsuit with our auto defect product liability attorney in Newnan.
The Statute of Repose For Automotive Defect Claims in Georgia
In § 51-1-11 of the Official Code of Georgia (OCGA), a statute of repose of 10 years is stipulated for manufactured goods. The countdown begins when the product is sold. It applies to “strict liability” but not to negligence.
Strict liability means that an entity is liable for harm caused by defective products, even when it was not negligent or had no intent to cause harm. This means that the only proof required is that the product was defective. No proof of negligence or fault is necessary.
Negligence claims differ from strict liability and can be brought under certain circumstances, even if the 10-year statute of repose has passed. For example, the company made reckless decisions during the product design phase or failed to warn consumers about potential risks.
How The Statute of Repose For Automotive Defects Affects Your Injury Lawsuit
Supposing you are injured in an accident, and the cause is found to be an automotive defect for which the manufacturer is responsible. Two deadlines apply. The first is the statute of limitations for personal injury. The two-year deadline stated in OCGA § 9-3-33 applies. It states that you have two years from the date of your accident to file suit.
Your car was already nine years old at the time of the accident. If you meet the two-year statute of limitations deadline but only file suit after a year, the manufacturer may use the statute of repose defense.
This defense can work because there is no “discovery” date set for a statute of repose. The ten-year countdown continues regardless of whether you knew your car was defective or not. This means that the owner of a nine-year-old car must file a product liability suit before their car reaches the ten-year milestone.
Exceptions to the Statute of Repose For Automotive Defect Claims
Let us suppose that an auto manufacturer was aware of a defect. Under the law, it has a duty to warn car owners as soon as the problem becomes known. If it failed to do so, the owner of a car bought ten or more years ago may sue the company. In this example, the injured person has a two-year deadline to sue for their injuries, usually running from the date of their accident, even if that means they exceed the ten-year statute of repose.
Our Advice Regarding Automotive Defect Claims
Automotive defect claims and other product liability claims can be extremely complex. Cases like this will also face robust opposition, as no manufacturer wants to incur financial losses or the indirect costs of negative publicity that tarnish its brand.
The best advice is often the simplest. In this instance, we would recommend consulting our Newnan personal injury lawyer as soon as possible after being injured. They will be able to assess your case and determine the options available to you.