The Statute Of Limitations And The Statute Of Repose Coursework Example

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Differentiating the Statute of Limitation and the Statute of Repose
The statute of limitation is a law established by the state, which limits the amount of time one has to file a lawsuit. The time established by the statute of limitation begins when one is injured, the occurrence of a valid cause of action, or it becomes possible to sue for a valid cause of action in a court of law. On expiration of the set time, however, one is considered time-barred, and filing the lawsuit becomes impossible. While, the statute of repose, is a law that establishes a specific period upon which a lawsuit could be filed or upon which the time for filing the suit expires. However, despite there being a lot of legal actions that could warrant the statute of repose, many States limit it to cases involving product liability, premises liability; more so those alleging faults in design or construction and some cases medical negligence claims. The differences between the statute of limitation and the statute of repose are;
When it starts to run
The statute of limitation is activated once an injury occurs or a cause of action is discovered. Whereas the statute of repose is set off by the completion of the venture or the attainment of the commencement date. For instance, in a construction suit, a statute of limitation will take effect once the damage is discovered. While a statute of repose could only take effect on substantial completion of the project (Schlueter, Mahoney & Ross, 1).

Time limits
The statute of limitation is triggered by an injury or a legal cause of action while the statute of limitation is set off by the arrival of a date. Given the situation, the two statutes could run concurrently, or one could occur first, and even its time run out before the commencement of the other statute (Schlueter, Mahoney & Ross, 1). Take, for instance; an injury could occur during construction before substantial completion, making it easier to file suit under the statute of limitation but hard under the statute of repose. While upon considerable completion, either of the statutes becomes applicable. On the other hand, damage could occur long after completion of the construction, after the expiration of the statute of repose hence one can only file under the statute of limitation.
Extension of deadlines
The statute of repose is quite strict on deadlines, such that, once the stipulated period has expired, it becomes impossible to file a lawsuit under the statute of repose (Schlueter, Mahoney & Ross, 2). This is however advantageous as it facilitates fairness since it becomes difficult to defend some cases with the passage of time. It also enhances judicial efficiency by reducing the lawsuits filed in court. Not to mention providing finality, say in estates hence allowing for the distribution of assets. On the other hand, the law of limitation is not quite strict on deadlines as it could allow extension of a period due to some reasons. For instance, the age of the injured party; minors are not subject to the statute of limitation. The plaintiff’s mental incapacity, the timing of the discovery of the damage/injury, or even previous attempts to conceal the damage among other reasons.
Conclusion
The two statutes provide limitations to the filing of lawsuits. However, any of them could be applied based on the situation and after assessing that which is most appropriate for your case. Nonetheless, one should weigh the options and make the best choice out of available choices (statute of limitation or repose).
Work Cited
“Schlueter, Mahoney & Ross, P.C.” Differences Between The Statutes Of Limitations And Repose, www.smrlaw.net/resource/difference-between-statute-of-limitations-and-statute-of-repose/.