- June 3, 2013
- Current Affairs
Originally applied to shield architects from ongoing liability for design defects, statutes of repose serve as ultimate cutoffs to potential claims. The doctrine, now adopted by many states, provides that the rights of plaintiffs cease once a threshold date is met. Birthed out of an effort to curb litigation, the statute of repose is steadfast and, unlike statute of limitations, will not give way to subsequent discovery nor toll. The crux of the debate concerning the doctrine hinges upon fairness to both parties, but as the legislature reduces Alabama’s statute of repose it is the big businesses who cry victory.