FAQ: What is the Statute of Repose?

Under Texas law, a potential plaintiff has two years to file a lawsuit from the time an injury is discovered. This is the statute of limitations.

A statute of repose limits the time to file a lawsuit based factors separate from when the injury occurred and/or was discovered.

For instance, the statute of response for medical malpractice lawsuits is ten years from the date of the medical procedure that caused the event. If an injured person discovers his injury fourteen years after an operation, he cannot sue the doctor or medical facility.

The statute of response for product liability is fifteen years from the date the product is purchased, regardless of when the injury actually happened.

The statute of response for construction or repair of property improvements is ten years after substantial completion of the construction, unless willful misconduct or fraudulent concealment can be shown.