MATTHIESEN, WICKERT & LEHRER, S.C. Hartford, WI ❖ New Orleans, LA ❖ Orange County, CA ❖ Austin, TX ❖ Jacksonville, FL Phone: (800) 637-9176 gwickert@mwl-law.com www.mwl-law.com

STATUTES OF LIMITATIONS FOR ALL 50 STATES

A statute of limitations (SOL) specifies a time period for commencing suit on a given claim that begins to run, or is triggered, when the cause of action accrues. When a cause of action “accrues” generally depends on the particular state involved, but it is usually when an accident occurs or when a claimant “discovers” the resulting injury. While a statute of limitations takes effect when a claim arises, a statute of repose bars the bringing of a suit after a set period of time, regardless of whether an injury occurred, or a claim has arisen. The time limit for bringing suit established by a statute of repose is triggered by a specified event, such as the substantial completion of an improvement to real property, the date a product was used, or the date a product was sold. All fifty (50) states currently have statutes of repose, varying in both the type of claim covered by the statute and the length of the repose period. Forty-six (46) states have a statute of repose which apply to actions involving real property design, engineering, and construction. However, nineteen (19) states also have statutes of repose limiting product liability claims.

STRICT PRODUCT PERSONAL PERSONAL SERVICE OF PROCESS STATE LIABILITY / BREACH OF STATUTE OF REPOSE PROPERTY INJURY REQUIREMENT WARRANTY

Construction: 7 Years from substantial 2 Years completion to improvement to real An action is commenced by filing a Ala. Stat. § 6-2-38 property against any person performing or complaint with the court. Ala. R. (Except actions based furnishing the design, planning, supervision Civ. P. Rule 3(a). If the summons on conversion and 2 Years or observation of the construction. Ala. and complaint are not served upon actions involving (Product Liability) Stat. § 6-5-221(2011). On May 26, 2011, a domestic defendant within 120 wanton conduct or an 2 Years Ala. Stat. § 6-2-38 the Alabama Legislature decreased the days of filing the complaint, the ALABAMA intentional tort to real Ala. Stat. § 6-2- Statute of Repose for commencing court can, after 14 days’ notice to or personal property, 38 4 Years litigation against an architect, engineer or Plaintiff, dismiss the action without which is 6 years. Ala. (Breach of Warranty) builder from 13 years to 7 years. Exception: prejudice as to the defendant not Stat. § 6-2-34(3)); Ex Ala. Stat. § 7-2-725(1) Where architect, engineer, or builder had served, or, upon a showing of good parte Capstone Bldg. knowledge that a defect or deficiency cause, extend the period to effect Corp., 96 So.3d 77 existed and failed to disclose the defect. service. Ala. R. Civ. P. Rule 4(b). (Ala. 2012). Ala. Code § 6-5-221(a). Products: None.

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A civil action is commenced by filing a complaint, a completed case description form, and an envelope addressed to the plaintiff with 2 Years sufficient postage to mail all (Product Liability) Construction: 10 years from substantial summonses that will be issued in Alaska Stat. § 09.10.070(a) completion of construction or 10 years the case. Alaska R. Civ. Proc. 3(a). 2 Years 2 Years U.C.C. from last act that allegedly caused injury, ALASKA Alaska Stat. § Alaska Stat. § If a defendant is not served 120 4 Years death, or property damage. This section 09.10.050, 070(a) 09.10.070(a) days after filing the complaint, the (Breach of Warranty) specifically excludes defective products. clerk will send a notice to show Alaska Stat. § 45.02.725; Alaska Stat. § 09.10.055 (2005). good cause. If good cause is not Armour v. Alaska Power Products: None. shown within 30 days after Auth., 765 P.2d 1372, 1375 distribution of notice, the court will (Alaska 1988). dismiss the case without prejudice as to the defendant not served. Alaska R. Civ. Proc. 4(j).

A civil action is commenced by filing a complaint with the court. Ariz. R. Construction: 8 years from substantial Civ. P. 3. completion of improvement to real 2 Years If a defendant is not served within property; 9 years if defect is discovered in (Product Liability) th 90 days of filing the complaint, the 8 year. A.R.S. § 12-552. 2 Years 2 Years ARIZONA A.R.S. § 12-542 A.R.S. § 12-542 after motion or notice to the 4 Years Products: None. Previous Statute of Repose plaintiff, the court must dismiss the (Breach of Warranty) was 12 years after original sale. However, action without prejudice as to the A.R.S. § 12-551 was declared A.R.S. § 47-2725 defendant that was not served, or unconstitutional in Hazine v. Montgomery order that service be made within a Elevator, 861 P.2d 625 (Ariz. 1993). specified time. Ariz. R. Civ. P. 4(i).

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A civil action is commenced by filing 3 Years a complaint with the clerk of the (Product Liability) court. ARCP Rule 3(a). If a A.C.A. § 16-116-103 3 Years defendant is not served within 120 Property Damage: Construction: 4 years from substantial A.C.A. § 16-116- days after filing the complaint, the 4 Years completion of improvement to real 103 action will be dismissed without (Breach of Warranty) property for tort or contract actions for 3 Years prejudice as to the defendant not A.C.A. § 4-2-725 personal injury or wrongful death, or 5 ARKANSAS Med Malpractice: A.C.A. § 16-116-103 served. ARCP Rule 4(i)(1). Upon years for property damage. A.C.A. § 16-56- 2 Years Personal Injury: written motion and a showing of 112. A.C.A. § 16-114- 3 Years good cause made before expiration 203(a) (Breach of Warranty) Products: None. of the service deadline, the court Follette v. Wal-Mart can extend the service deadline. Stores, Inc., 41 F.3d 1234 ARCP Rule 4(i)(2). (8th Cir. 1994).

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Construction: 4 years from substantial completion of construction or construction of improvement to real property arising out of a patent defect, 10 years from substantial completion for a latent defect. This doesn’t apply to actions based on Personal Injury: willful misconduct or fraudulent concealment. Ca. Civ. Proc. Code § 337.1, 2 Years (Product Liability) 337.15. 3 Years A civil action is commenced when Cal. Civ. Proc. Code The Right to Repair Act was passed in 2003. Cal. Civ. Proc. Code § the complaint is filed. Cal. Civ. Proc. § 335.1 Civ. Code, § 895, et seq. It has its own ten- 338(c)(1) Code § 350.The complaint must be Property Damage: year statute of repose. A claimant 2 Years served on all named defendants 3 Years proceeding under the Act must provide and proofs of service on those proper notice of the pre-litigation claim to CALIFORNIA Contractors/Architects: Cal. Civ. Proc. (Product Liability) defendants must be filed with the the builder within the ten-year period. This 4 years from Code § 335.1 Cal. Civ. Proc. Code § substantial completion. court within 60 days after filing of 338(c)(1) notice temporarily tolls the statute of Cal. Civ. Proc. Code § the complaint. Cal Rules of Court, repose until the pre-litigation process is 337.1 Rule 3.110. U.C.C. complete. (4 Years) Products: None directly applicable to (Breach of Warranty) product liability actions. Refer to § 338(c). Cal. U. Com. Code§ 2725 Standard 3-year SOL will apply to product liability actions. California has no repose statute potentially ending the manufacturer’s liability at the end of an express or implied period of time designated as the “useful life” of the product.

Work Product of Matthiesen, Wickert & Lehrer, S.C. 4 Last Updated: 4/15/2021 STRICT PRODUCT PERSONAL PERSONAL SERVICE OF PROCESS STATE LIABILITY / BREACH OF STATUTE OF REPOSE PROPERTY INJURY REQUIREMENT WARRANTY A civil action is commenced by filing a complaint with the court, or by service of summons and complaint. C.R.C.P. 3(a). If commenced by service, complaint must be filed within 14 days of service, unless Construction: 6 years from substantial defendant waives the filing completion of improvement to real requirement by filing a responsive property for actions against architect, pleading. Id. If defendant is not contractor, builder or builder vendor, served within 63 days (nine weeks) engineer or inspector. C.R.S. § 13-80-104. If after complaint is filed, court must claim arises during 5th or 6th year after dismiss the action without substantial completion, action can be 2 Years prejudice against that defendant or C.R.S. § 13-80- brought within two years after cause of 2 Years order that service be made within a action. C.R.S. § 13-80-102 102 specified time, unless the plaintiff 3 Years shows good cause, which then Products: 7 years from date product first 3 Years 2 Years used. C.R.S. § 13-80-107 (1)(a). Applies only If Motor Vehicle If Motor Vehicle requires the court to extend the (Product Liability) Involved time for service for an appropriate to “new manufacturing equipment.” Involved C.R.S. § 13-80-106(1) Exceptions: (1) injury caused by hidden COLORADO C.R.S. § 13-80- period. C.R.C.P. 4(m). C.R.S. § 13-80- defect; (2) prolonged exposure to 101(n)(I) City & If service has not occurred by the 101(n)(I) City & Cty. of 3 Years hazardous material; (3) intentional Cty. of Denver v. deadline, the court has several Denver v. Gonzales, 17 (Breach of Warranty) misrepresentation; or (4) fraudulent Gonzales, 17 options: (1) give plaintiff notice that P.3d 137 (Colo. 2001); C.R.S. § 13-80-101(1)(a) concealment. C.R.S. § 13-80-107 (1)(b)-(c). Jones v. Cox, 828 P.2d P.3d 137 (Colo. the case may be dismissed and ask “Manufacturing equipment” means 218 (Colo. 1992). 2001); Jones v. for a showing of good cause, and if Cox, 828 P.2d plaintiff shows good cause it is equipment used in operation or process of 218 (Colo. 1992). entitled to an extension of time, (2) producing a new product, article, give plaintiff additional time to substance, or commodity for purposes of serve defendant, or (3) dismiss the commercial sale and different from and complaint without prejudice once having a distinctive name, character, or use notice is given. State Farm Mut. from the raw or prepared materials used in Auto Ins. Co. v. Steul, 477 P.3d 778 the operation or process. C.R.S. § 13-80- (Colo. App. 2020). 107 (2). A trial court has broad discretion when determining whether to dismiss a case for a plaintiff's failure to prosecute. Colo. R. Civ. P. 41(b)(1).

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2 Years A civil action is commenced by Construction: 7 years from substantial C.G.S.A. § 52-584 serving a writ of summons and a completion to improvement to real

complaint. Conn. Gen. Stat. § 52- property for actions brought against any The Conn. legislature 45a; Conn. Practice Book § 8-1(a). 3 Years architect, professional engineer, or land distinguishes “injury” Service must be attained twelve (Product Liability) surveyor. C.G.S.A. § 52-584a. If claim arises or actionable harm, days before the return date. Conn. during 7th year after substantial CONNECTICUT 2 Years from “the act or Gen. Stat. § 52-46. Service must be completion, action can be brought within omission complained C.G.S.A. § 52-584 3 Years returned to the court at least six one year of date of injury, but no more of” and provides a 3- (Breach of Warranty) days before the return date. Conn. than 8 years post substantial completion. year statute of repose. C.G.S.A. § 52-577(a) Gen. Stat. § 52-46a. Importantly, Products: 10 years from date of sale - can Tarnowsky v. Socci, the return date can only fall on a be extended by warranty. C.G.S.A. § 52- 856 A.2d 408 (Conn. Tuesday. C.G.S.A. § 52-48(a). 577(a). 2004).

2 Years (Product Liability) 10 Del. C. § 8119 § 8107. A civil action, except an amicable U.C.C. action, is filed by serving a (4 Years) complaint. Del. Super. Ct. Civ. R. 2 Years 2 Years (Breach of Warranty) Construction: 6 years from substantial 3(a). If a defendant is not served (3 Years if not (3 Years if not 6 Del. C. § 2-725 completion of improvement to real DELAWARE discoverable in 2 discoverable in 2 within 120 days after filing of the 4 Years from delivery for property. 10 Del. C. § 8127. Years) 10 Del. C. § Years) 10 Del. C. complaint, absent good cause, the breach of implied warranty Products: None. 8107 § 8119 action will be dismissed without prejudice as to the defendant not of merchantability and served. Del. Super. Ct. Civ. R. 4(j). fitness for a particular purpose. Addison v. Emerson Elec. Co., 1997 WL 129327 (D. Del. 1997).

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A civil action is commenced by filing a complaint with the court. D.C. SCR-Civil Rule 3. The plaintiff must file either an acknowledgment of service or proof of service of the summons, complaint, Initial Order, 3 Years (Product Liability) any addendum to that order, and any other order directed by the D.C. Code § 12-301

3 Years court to the parties at the time of Construction: 10 years from substantial filing, within 60 days of filing the 3 Years DISTRICT OF Wrongful Death: completion of improvement to real 3 Years complaint. D.C. SCR-Civil Rule (Breach of Warranty) COLUMBIA D.C. Code § 12-301 1 Year D.C. Code § 12-301 property. D.C. Code § 12-310. D.C. Code § 12- 4(m)(1)(A). A motion can be made to extend the time for service. D.C. Products: None. 301 Breach of Contract for Sale: SCR-Civil Rule 4(m)(2). An exception 4 Years (Breach of to the service of summons rule Warranty) D.C. Code § 28:2- exists for subrogation cases. D.C. 725 SCR-Civil Rule 4(m)(1)(b)(ii). In cases where a subrogee seeks recovery of greater than $10,000, the time to file proof of service is extended to 180 days. .C. SCR-Civil Rule 40-III(b).

A civil action is commenced when the complaint is filed. Fla. R. Civ. P. 4 Years 1.050. 4 Years Construction: 10 years from improvement F.S.A. § If service is not made upon a (Product Liability) to real property, from possession of owner, 95.11(3)(a),(o) defendant within 120 days after F.S.A. § 95.11(3)(a),(e),(k) issuance of certificate of occupancy, date of filing, the court, after notice or on abandonment of construction, or Wrongful Death: U.C.C. termination of the contract between the 2 Years motion, shall direct that service be 4 Years 4 Years professional engineer, registered architect FLORIDA F.S.A. § effected within a specified time or (Breach of Warranty) F.S.A. § 95.11(3)(a),(o) or licensed contractor and his or her 95.11(4)(d) shall dismiss the action without F.S.A. § 95.11(3)(k) prejudice or drop that defendant as employer, whichever date is latest. F.S.A. § Med Malpractice: a party. Fla. R. Civ. P. 1.070(j). If the Breach of Express Warranty: 95.11. 2 Years plaintiff shows good cause or 5 Years (Breach of Products: 12 years from delivery if product F.S.A. § excusable neglect for the failure, Warranty) has useful life of 10 years or less, otherwise 95.11(4)(b) the court shall extend the time for F.S.A. § 95.11(2)(b) 20 years. F.S.A. § 95.031. service for an appropriate period. Fla. R. Civ. P. 1.070(j).

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Filing suit must be followed by perfection of service within time 4 Years required by law. Plaintiff must act Construction: 8 years from substantial O.C.G.A. §§ 9-3-30 with due diligence. Hilton v. completion to improvement to real (real property) and 9- Maddox, Bishop, Hayton Frame & Personal Injury: property. O.C.G.A. § 9-3-51. If claim occurs 2 Years (or 1 Year from 3-31 (personal Trim Contractors, Inc., 188 S.E.2d in 7th or 8th year after substantial date of death) (Product property). 167 Ga. App. 1972). completion must be brought within two Liability) O.C.G.A. § 9-3-33 NOTE: SOL for damage Issuance and service of process-the years of injury. to home (assuming service to be made within five (5) Personal Property 2 Years Products: 10 years after date of first sale - GEORGIA original owner) begins days from the time of receiving the Damage: 4 Years (Product O.C.G.A. § 9-3-33 not applicable to warning claims. O.C.G.A. § to run from date of summons and complaint. Ga. St. § Liability) O.C.G.A. § 9-3-30, 51-1-11(b)(2). However, a claim involving 31 substantial completion 81A-104 damage caused by a product’s component even though this means When service is made after the SOL U.C.C. part must be filed within 10 years after the SOL might run before (4 Years) part was incorporated into the final design accident occurs. Corp. expires, the plaintiff must act (Breach of Warranty) of the product by the manufacturer. of Mercer Univ. v. Nat. reasonably and diligently in O.C.G.A. § 11-2-725 Johnson v. Ford Motor Co., 637 S.E.2d 202 Gypsum Co., 368 S.E.2d attempting to obtain service as 732 (Ga. 1988). quickly as possible. Lipscomb v. (Ga. App. 2006). Davis, 783 S.E.2d 398 (Ga. App. 2016).

Hawaii has no explicit duty to serve 2 Years the Complaint within the SOL, (Product Liability) however there is a rule stating that Haw. Rev. Stat. §657-7 the plaintiff must have an “intent to Breach of Implied Warranty serve.” Section 657–22 does not of Merchantability: Construction: 10 years from date of 2 Years 2 Years require a plaintiff to actually serve 4 Years (Product Liability) completion of improvement to real HAWAII Haw. Rev. Stat. § 657- Haw. Rev. Stat. § the defendant or to exercise due (Haw. Rev. Stat. § 490:2- property, but two years after accrual. Haw. 7 657-7 diligence. Instead, it requires the 725). Rev. Stat. § 657-8. “intent” to serve within the SOL at U.C.C. Products: None. the time “any process was issued.” (4 years) Heiser v. Ass’n of Apartment (Breach of Warranty) Owners of Polo Beach Club, 848 F. Haw. Rev. Stat. § 490:2-725 Supp. 1482 (D. Haw. 1993).

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2 Years (Product Liability) Construction: 6 years from final completion There is no requirement that the Idaho Code § 5-219 Complaint be served prior to the of improvement to real property. Idaho 3 Years 2 Years expiration of the SOL. The only Personal Injury: 2 Years Code § 5-241. IDAHO Idaho Code § 5- Idaho Code § 5- (Breach of Warranty) requirement is a 6-month rule for Products: 10 years or after product’s 218(2),(3) 219(4) Idaho Code § 5-219(4) service after filing of the Complaint. “useful safe life.” Idaho Code § 6-1403(3) Idaho R.C.P 4(a)(2). Property Damage: 4 Years (Rebuttable Presumption). (Breach of Warranty) Idaho Code § 28-2-725(1)

2 Years 735 I.L.C.S. § 5/13-202

Construction: 4 Illinois Supreme Court Rule 103(b) Year SOL may requires a plaintiff to exercise Personal Injury: apply if “design, diligence in serving a defendant. 2 Years (Product Liability) planning, The rule is based on the principle 735 I.L.C.S. § 5/13-202 supervision, Construction: 10 years from improvement that litigation should have an end- observation, Personal Property: to real property, but after person had date and not languish. Mular v. construction 5 Years (Product Liability) knowledge, four years. 735 I.L.C.S. § 5/13- Ingram, 33 N.E.3d 771 (Ill. App. ILLINOIS 5 Years management” is I.L.C.S. § 5/13-205 214. involved. 735 2015). 735 I.L.C.S. § 5/13-205 4 Years (Breach of Products: Shorter of 10 years from sale I.L.C.S. § 5/13- Plaintiff must exercise reasonable Warranty) (except when date to initial user or 12 years from delivery 214(a); Fed. Ins. diligence to obtain service upon Co. v. Konstant express warranty covers to first owner. 735 I.L.C.S. § 5/13-213. defendant prior to expiration of future performance past 902 N.E.2d 1213 SOL (avoiding issues with SC Rule (Ill. App. 2009). four-year SOL period). 810 103(b) or other related state I.L.C.S. § 5/2-725. Med Malpractice: service rules. Statutes vary as defined in 735 I.L.C.S. § 5/13- 212.

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Construction: Earlier of 10 years post substantial completion of improvement or 12 years post completion and submission 2 Years of plans and specs. to owner if design There is no requirement that the (Product Liability) defect. I.C. § 32-30-1-5. If injury in 9th or Complaint be served or properly I.C. § 34-11-2-4 10th year after substantial completion, two 2 Years 2 Years served within that period of time. years post injury, but no more than 12 INDIANA U.C.C. I.C. § 34-11-2-4 I.C. § 34-11-2-4 Elam v. Neville, 129 F. Supp. 437 years post substantial completion or 14 (4 Years) (Breach of (N.D. Ind. 1955). years post completion, submission of plans Warranty) and specs. to owner if design defect. I.C. § 26-1-2-725 Products: 10 years after delivery unless accrues at least 8 years, but less than 10 years after delivery. I.C. § 34-20-3-1. Personal Injury: Plaintiff has duty to use due 2 Years (Product Liability) I.C.A. § 614.1(2) diligence to secure service of process. Iowa Trial Procedure Rules Personal Property: 4, 41(E). 5 Years (Product Liability) Construction: 10 years for an action related Remedy for failure to use due I.C.A. § 614.1(4) to residential construction or 8 years for diligence in effecting service of Breach of Implied any other kind of improvement to real 5 Years 2 Years property, after the date on which the act or IOWA Warranty: 5 Years (Breach I.C.A. § 614.1(4) I.C.A. § 614.1(2) process is not retrospective determination that action was of Warranty) omission has occurred. I.C.A. § 614.1. never commenced, statute of I.C.A. §§ 554.2725, Products: 15 years unless warranty is limitations not tolled, but motion to 614.1(4),(5) longer. I.C.A. § 614.2A and 614.1(11). dismiss for failure to prosecute. Breach of Express Taylor v. Lewis, 577 N.E.2d 986 (Ind. Warranty: 10 Years App. 1991). (Breach of Warranty) I.C.A. §§ 554.2725, 614.1(5)

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Service required within 90 days 2 Years after petition is filed. This time may Construction: There is a general 10-year (Product Liability) be extended an additional 30 days Statute of Repose for all tort cases. K.S.A. § K.S.A. § 60-513 upon a showing of good cause by 60-513(b). KANSAS 2 Years 2 Years the plaintiff, if service of process or U.C.C. K.S.A. § 60-513 K.S.A. § 60-513 Products: 10 years or after expiration of first publication is not made within (4 Years) useful safe life as described by the Kansas 90 days. K.S.A. § 60-203. Wheat v. (Breach of Warranty) Product Liability Act. K.S.A. § 60-3303(b)(1). Kinslow, 316 F.Supp.2d 944 (D. Kan. K.S.A. § 84-2-725 2003).

Taking out of summons is presumptive evidence of an intention to have it served in due course, but that presumption may be rebutted by the facts. Hearn v. Family Dollar Holdings, Inc., 519 Personal Injury: 1 Year (Product Liability) 1 Year S.W.3d 785 (Ky. App. 2017). Construction: 7 years from substantial K.R.S. § 413.140(1)(a) K.R.S. § Summons filled out and signed, but completion of improvement to real 413.140(1)(a) with no present intention of having Personal Property: property. K.R.S. § 413.135(1). it served is inoperative in 2 Years (Product Liability) KENTUCKY 2 Years 2 Years Products: 5 years from sale date or 8 years K.R.S. § 413.125 commencing an action. Isaacs v. K.R.S. § 413.125 If Motor Vehicle from manufacture date (rebuttable Involved. Caldwell, 530 S.W.3d 449 (Ky. U.C.C. 2017). Action not commenced prior presumption of no defect). K.R.S. § K.R.S. § 304.39- (4 Years) 411.310. 230(6) to expiration of limitations period (Breach of Warranty) where summons issued prior to K.R.S. § 355.2-725 expiration of limitations period but held by plaintiff until after expiration of period. Gibson v. EPI Corp., 940 S.W.2d 912 (Ky. App. 1997).

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In Louisiana, statutes that bar a claim after a specified period of time following the completion of services or the substantial completion of construction. are called Peremption periods. These Peremption periods cannot be renounced, interrupted, or suspended. Construction: 5 years after the date owner takes possession of (accepts) the improvement to real property. La R.S. 1 Year 9:2772. If loss during 5th year (i.e., registry (Product Liability) of acceptance; ownership or possession), 1 Year 1 Year L.S.A.-C.C. Art. § 3492, action can be brought within one (1) year L.S.A.-C.C. Art. § 3492 L.S.A.-C.C. Art § 3595 after injury, but in no event more than six 3492 There is a 90-day service In cases where seller did (6) years after loss. L.S.A.-C.C. § 9:2772. In Louisiana, a SOL is Generally, a one- requirement under L.S.A.-C.C.P. not know of the defect, An action against a contractor or an known as a liberative year prescriptive 1201, after which the claim the earlier of four (4) years architect for construction defects must be LOUISIANA prescription. Liberative period for tort prescribes if past the prescription (Breach of Warranty) from brought within a ten (10) year liberative ten prescription is defined claims. However, date. You can argue extension with delivery date or one (1) (10) year prescription period (SOL). L.S.A.- as a mode of barring some torts have good faith efforts to serve. year (Breach of Warranty) C.C. Art. § 3500. This conflicts with a five (5) actions as a result of a longer time from date of discovery by year prescriptive period for actions against inaction for a period of period. buyer. L.S.A.-C.C. Art. § architects and contractors for ruin of a time. 2534 (see L.S.A.-C.C. Art. § wood or brick-filled building on account of 2534 for various poor workmanship. But, if the building is exceptions). stone or brick, it is ten (10) years. L.S.A.- C.C. § 9:2762. Products: None. Peremption differs from prescriptive in two respects: (1) the expiration of the Peremption time period destroys the cause of action itself; and (2) nothing may interfere with the running of a Peremption time period. Naghi v. Brener, 17 So.3d 919 (La. 2009).

Work Product of Matthiesen, Wickert & Lehrer, S.C. 12 Last Updated: 4/15/2021 STRICT PRODUCT PERSONAL PERSONAL SERVICE OF PROCESS STATE LIABILITY / BREACH OF STATUTE OF REPOSE PROPERTY INJURY REQUIREMENT WARRANTY Action is commenced (1) by the service of a summons, complaint, and notice regarding electronic 6 Years (Unless service, or (2) by filing a complaint Exception with the court. With (1), complaint 6 Years (Product Liability) Applies). 14 must be filed with the court within 14 M.R.S.A. § 752 M.R.S.A. § 752 20 days after completion of service. Personal Injury: Construction: 10 years after “substantial Wrongful Death: With (2), return of service must be 6 Years (Breach of completion” of the project or services filed with within 90 days after filing rendered, but no more than 4 years after MAINE 6 Years 2 Years Warranty) 14 M.R.S.A. § 752 18-A M.R.S.A. § of the complaint. Otherwise, the 14 M.R.S.A. § 752 discovery of malpractice or negligence of 2-804(b) action may be dismissed, and the architect or engineer. 14 M.R.S.A. § 752-A. Property Damage: court may, in its discretion, rule Products: None. Med Malpractice: 4 Years (Breach of 3 Years that the action was vexatiously commenced, tax a reasonable Warranty) 24 M.R.S.A. § 11 M.R.S.A. § 725 2902 attorney’s fee as costs in favor of the defendant, to be recovered of the plaintiff or the plaintiff’s attorney. Me. R. Civ. P. 3. Plaintiff must serve defendant with 3 Years (Product Liability) 3 Years process within 60 days after the Md. Cts. & Jud. Proc. Code Md. Cts. & Jud. clerk issues the summons (Md. Rule § 5-101; Phipps v. General Construction: 20 years for improvement to Proc. Code § 5- 2-113) or 30 days after clerk issues Motors Corp., 363 A.2d real property. 10 years for actions against 3 Years 101 the summons for district court (Md. 955, 962 (Md. 1976). architect, professional engineer or MARYLAND Md. Cts. & Jud. Proc. Med Malpractice: Rule 3-113). If the service of U.C.C. contractor related to improvement to real Code § 5-101 Earlier of 5 years process time period has expired, property. Md. Code Ann. § 5-108. (4 Years) after injury date plaintiff may make a written (Breach of Warranty) Products: None. or 3 years after request to renew the summons Md. Com. Law Code § 2- injury discovered. (Md. Rule 2-113 and 3-113). 725 Service of the summons upon the 3 Years defendant is required within 90 (Product Liability) Construction: 6 years from substantial 3 Years 3 Years days after filing of the complaint. Mass. Ann. Laws Ch. 260 completion of improvement to real Mass. Ann. Laws Ch. Mass. Ann. Laws Unless the serving party can show §§ 2A and 4 property and owner taking possession of MASSACHUSETTS 260 §§ 2A and 4; Ch. 260 §§ 2A good cause why such service was improvement. Mass. Ann. Laws Ch. 260 § Mass. Ann. Laws Ch. 3 Years and 4 not made within that period, the 2B. 106 §§ 2-318 (Breach of Warranty) action shall be dismissed without Mass. Ann. Laws Ch. 106 § Products: None. prejudice. Mass. R. Civ. P. 4 (j). 2-318

Work Product of Matthiesen, Wickert & Lehrer, S.C. 13 Last Updated: 4/15/2021 STRICT PRODUCT PERSONAL PERSONAL SERVICE OF PROCESS STATE LIABILITY / BREACH OF STATUTE OF REPOSE PROPERTY INJURY REQUIREMENT WARRANTY The SOL is tolled only when the 3 Years complaint is filed and if any of the M.C.L.A. § M.C.L.A. § 600.5856 requirements 600.5805(10) are met: (1) at the time the Construction: An action arising out of the If insured auto complaint is filed, the defendant is defective and unsafe condition of an involved, action served, (2) jurisdiction over the improvement to real property against an against no-fault Defendant is acquired in some architect, professional engineer, or carrier must be other way, (3) proper notice is 3 Years contractor, must be brought within 6 years filed in one year. given to the defendant in M.C.L.A. § 3 Years after occupancy, use, or acceptance of the M.C.L.A. § compliance with M.C.L.A. § (Product Liability) 600.5805(10) improvement, or 1 year after defect is 500.3145. 600.2912b (Medical Malpractice M.C.L.A. § 600.5805(13) If insured auto discovered. M.C.L.A. § 600.5839(1)(a). If One year after actions). Mich. Comp. Laws Ann. § MICHIGAN involved, action U.C.C. defect results from gross negligence of accident to make 600.5856. architect or engineer, action must be against no-fault carrier first-party PIP (4 Years) (Breach of must be filed in one A summons expires 91 days after Warranty) brought within 1 year after defect claim. M.C.L.A. § year. M.C.L.A. § the date the summons is issued. discovered. No such action can be brought 500.3145 M.C.L.A. § 440.2725 500.3145. However, on a showing of due more than 10 years after substantial Med Malpractice: diligence by plaintiff in attempting completion, use, or acceptance of Two years or 6 to serve the original summons, the improvement. M.C.L.A. § 600.5839(1)(b). months after judge may order a second Products: None. injury discovered summons to issue for a definite M.C.L.A. §§ period not exceeding one year from 600.5805(6), the date the summons is issued. 600.5838. Mich. Ct. R. 2.102

Work Product of Matthiesen, Wickert & Lehrer, S.C. 14 Last Updated: 4/15/2021 STRICT PRODUCT PERSONAL PERSONAL SERVICE OF PROCESS STATE LIABILITY / BREACH OF STATUTE OF REPOSE PROPERTY INJURY REQUIREMENT WARRANTY A civil action is commenced: (a) when the summons is served upon a defendant; or (b) at the date of signing of a waiver of service pursuant to Rule 4.05; or (c) when Intentional Acts: the summons is delivered to the 2 Years sheriff in the county where the M.S.A. § 541.07 defendant resides for service; but Wrongful Death: such delivery shall be ineffectual unless within 60 days thereafter the Strict Product Liability: 4 3 Years Years (Product Liability) M.S.A. § 573.02 summons is actually served on that Construction: 10 years from substantial defendant or the first publication M.S.A. § 541.05 subd.2 completion of improvement to real Negligence thereof is made. Minn. R. Civ. P. Breach of Warranty: property. M.S.A. § 541.051. Two years after Claims: 3.01. Rule 3.01 makes clear that 4 Years (Product Liability) discovery of defective improvement to real 6 Years delivery to a private process server 6 Years M.S.A. § 336.2-725(1) property, but no more than 12 years after MINNESOTA M.S.A. § 541.05 is not effective to commence an M.S.A. § 541.05 substantial completion, unless negligent subd. 1(5) action upon delivery of a summons Negligence-Based: “maintenance, operation, or inspection of 6 Years (Product Liability) regardless whether service is the real property improvement.” M.S.A. § Med Malpractice: M.S.A. § 541.05(5) 4 Yrs. actually made 60 days thereafter. In 541.051(1)(d). M.S.A. § such a case, service is effective, but 4 Years (Breach of Products: None. 541.076(b) the action is deemed commenced Warranty) as of the date service is actually M.S.A. § 336.2-725(1) Legal made. Minn. R. Civ. P. 3.0, Advisory Malpractice: Committee Note – 1985. 6 Yrs. There is a 60-day grace period M.S.A. § 541.05 when the summons is delivered to the sheriff in the county in which the defendant resides for service. Johnson v. Husebye, 469 N.W.2d 742, 745 (Minn. App. 1991).

Work Product of Matthiesen, Wickert & Lehrer, S.C. 15 Last Updated: 4/15/2021 STRICT PRODUCT PERSONAL PERSONAL SERVICE OF PROCESS STATE LIABILITY / BREACH OF STATUTE OF REPOSE PROPERTY INJURY REQUIREMENT WARRANTY Filing a complaint tolls the applicable SOL for 120 days, but if the plaintiff fails to serve the defendant within those 120 days, the SOL automatically begins to run 3 Years (Product Liability) again. Watters v. Stripling, 675 M.C.A. § 15-1-49 So.2d 1242, 1244 (Miss. 1996). 3 Years Service of summons upon a Breach of Contract for Construction: 6 years from written M.C.A. § 15-1-49 defendant is required within 120 Sale: 6 Years (Breach of acceptance or actual occupancy for design 3 Years Warranty) MISSISSIPPI Med Malpractice: days after filing of the complaint or construction of improvement to real M.C.A. § 15-1-49 M.C.A. § 75-2-725 2 Years and the party on whose behalf such property. M.C.A. § 15-1-41. M.C.A. § 15-1-36 service was required cannot show Unwritten Contracts: Products: None. good cause why such service was 3 Years (Breach of not made within that period, the Warranty) action shall be dismissed as to that M.C.A. 15-1-29 defendant without prejudice upon the court’s own initiative with notice to such party or upon motion. M.R.C.P. 4 (h) Only the filing of a petition with the court is required to commence an action. Mo. Sup. Ct. R. 53.01. 5 Years Diligent service of process is not a Mo. Rev. Stat. § factor in considering whether an Construction: 10 years for actions for 516.120(4) action has been commenced within improvement to real property. This applies the SOL. Ostermueller v. Potter, 868 5 Years (Product Liability) Med Malpractice: only to persons who perform or furnish, in 5 Years 2 Years S.W.2d 110 (Mo. 1993). If process Mo. Rev. Stat. § 516.120 whole or in part, the design, planning or cannot be served it shall be MISSOURI Mo. Rev. Stat. § Mo. Rev. Stat. § 5 Years (Breach of construction, including architectural, returned to the court within 30 516.120(4) 516.105 Warranty) engineering or construction services, of days after the date of issue with a Wrongful Death: Mo. Rev. Stat. § 516.120 improvement. Mo. Rev. Stat. § 516.097. statement of the reason for failure 3 Years Products: None. Mo. Rev. Stat. § to serve same. However, the time 537.100 for service may be extended up to 90 days from the date of issue by order of the court. Mo. Sup. Ct. R. 54.21.

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Strict Liability Claims: 3 Years (Product Liability) Only the filing of a petition with the Mont. Stat. § 27-2-202 court is required to commence an Negligence Resulting in action. M. R. Civ. P. 3. Plaintiffs can Personal Injury: file a complaint prior to the SOL and 3 Years (Product Liability) Mont. Stat. § 27-2-202 2 Years serve it within a reasonable time Construction: 10 years from completion of Mont. Stat. § 27-2-207 thereafter. Beedie v. Shelley, 187 Negligence Resulting in improvement of real property. This has (If property damage Mont. 556, 561, 610 P.2d 713, 716 Property Damage: been interpreted to apply to damage 3 Years (1980). 2 Years (Product Liability) MONTANA caused by tort, 3-year Mont. Stat. § 27- caused by a defective product that is A plaintiff must accomplish service Mont. Stat. § 27-2-207 SOL may apply under 2-204(1),(2) related to the improvement. Mont. Stat. § § 27-2-204. Ritland v. within three years after filing a Breach of Express 27-2-208. Rowe, 861 P.2d 175 complaint. Absent an appearance Warranty: 4 Years (Breach Products: None. (Mont. 1993)). by defendant(s), the court, upon of Warranty) motion or on its own initiative, Mont. Stat. § 30-2-725 must dismiss an action without Breach of Implied prejudice if the plaintiff fails to do Warranty: 3 Years (Breach so. M. R. Civ. P. 4. of Warranty) Bennett v. Dow Chem. Co., 713 P.2d 992 (Mont. 1986). 4 Years Neb. Rev. Stat. § Each defendant should be properly 25-207 served within 180 days of the Wrongful Death: commencement of the action. If the 2 Years. Neb. action is stayed or enjoined during 4 Years Construction: 10 years for actions for Rev. Stat. §§ 30- this 180-day period, then any (Product Liability) breach of warranty for improvement to real 4 Years 809 and 30-810 defendant who was not properly Neb. Rev. Stat. § 25-224(1) property. Neb. Rev. Stat. § 25-223. NEBRASKA served before the action was Neb. Rev. Stat. § 25- Med Malpractice: U.C.C. Products: 10 years from manufacture date. stayed or enjoined must be 207 Two years from (4 Years) (Breach of If not, foreign state’s repose applies, but properly served within 90 days injury date or one Warranty) not less than 10 years. Neb. Rev. Stat. § 25- year from date after the stay or injunction is Neb. Rev. Stat. § 2-725 224(2). injury was terminated or modified so as to discovered. Neb. allow the action to proceed. Neb. Rev. Stat. § 25- Rev. Stat. Ann. §25-217. 222.

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4 Years 2 Years The summons and complaint must (Product Liability) N.R.S. § 11.190 be served upon a defendant no N.R.S. § 11.190 later than 120 days after the Construction: 10 years from substantial Action Against complaint is filed unless the court Breach of Express completion of improvement to real HealthCare Warranty: 6 Years (Breach property. N.R.S. § 11.202(1). Exception for 3 Years grants an extension of time under NEVADA Provider: 3 Years of Warranty) fraud. N.R.S. § 11.202(2). N.R.S. § 11.190 this rule. Nev. R. Civ. P. 4. Service from injury date N.R.S. § 11.190 or one year from can be completed within this 120- discovery date. day period even after the SOL has Breach of Implied Products: None. N.R.S. § run. Mizzoni v. Nevada, 2016 WL Warranty: 4 Years (Breach 41A.097(2) 5620321 (Nev. App. Sept. 27, 2016). of Warranty) N.R.S. § 11.190 An action shall be deemed commenced on the date the 3 Years (Product Liability) complaint is filed. N.H. Super. Ct. R. Construction: 8 years from substantial N.H. Rev. Stat. Ann. § CIV 4. Plaintiff will serve the completion of improvement to real 508:4(I) summons and complaint on the property. N.H. Rev. Stat. Ann. § 508: 4-b. NEW 3 Years 3 Years defendant no later than the court- U.C.C. HAMPSHIRE N.H. Rev. Stat. Ann. § N.H. Rev. Stat. Products: 12 years statute of repose under 508:4(I) Ann. § 508:4(I) ordered deadline for service. Proof (4 Years) (Breach of N.H. Rev. Stat. Ann. § 507-D:2 found to be of service shall be filed with the Warranty) unconstitutional under Heath v. Sears, court within 21 days of the court- N.H. Rev. Stat. Ann. § 382- Roebuck & Co., 123 N.H. 512 (1983). ordered deadline for service. N.H. A:2-725 Super. Ct. R. CIV 4.

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Personal Injury: 2 Years (Product Liability) Dziewiecki v. Bakula, 180 N.J. 528, 533, 853 A.2d 234, 237 (2004); N.J.S.A. § Summons must be issued within 15 2A:14-2 days of the Track Assignment Construction: 10 years from completion of 2 Years Personal Property: 6 Years Notice or the court has the improvement to real property. N.J.S.A. § NEW JERSEY N.J.S.A. § 2A:14- 6 Years (Product Liability) N.J.S.A. §§ 2A:14-1 discretion to dismiss the case. The 2A: 14-1.1. Heavner v. Uniroyal, Inc., 2 dismissal will be without prejudice. Products: None. R.R. 4:4-1 and 4:372(a). 63 N.J. 130, 305 A.2d 412 (1973); N.J.S.A. § 2A:14-1 U.C.C. (4 Years) (Breach of Warranty) N.J.S.A. § 12A:2-725

Personal Injury: 3 Years (Product Liability) N.M.S.A. § 37-1-8 Property Damage: The SOL is tolled by filing suit; but 4 Years (Products Liability) court, in its discretion may dismiss Construction: 10 years from substantial 3 Years N.M.S.A. § 37-1-4 4 Years a case for failure to use due completion of improvement to real NEW MEXICO N.M.S.A. § 37-1- N.M.S.A. § 37-1-4 diligence in the prosecution of his U.C.C. property. N.M.S.A. § 37-1-27. 8 suit or getting service. Baker v. (4 Years) (Breach of Products: None Sojka, 396 P.2d 195 (N.M. 1964). Warranty) N.M.S.A. § 55-2-725(1); Fernandez v. Char-Li-Jon, Inc., 888 P.2d 471, 474 (N.M. Ct. App. 1994).

Work Product of Matthiesen, Wickert & Lehrer, S.C. 19 Last Updated: 4/15/2021 STRICT PRODUCT PERSONAL PERSONAL SERVICE OF PROCESS STATE LIABILITY / BREACH OF STATUTE OF REPOSE PROPERTY INJURY REQUIREMENT WARRANTY Must get service of process within 120 days of filing. If suit is filed less than 120 days prior to SOL running, service must be effectuated within 15 days of the SOL running. The court has discretion to extend this deadline. N.Y. CPLR § 306-b. Construction: No statute of repose, but 3 Years after 10 years, notice of suit must be given N.Y. C.P.L.R. § Plaintiff can move via an Order to to party responsible for professional 214, et seq. Show Cause for an extension of this performance (engineers and architects). time period. The court can extend 3 Years N.Y. C.P.L.R. § 214-d. Six-year SOL for Wrongful Death: the time for service “upon good 2 Years (Product Liability) construction defects runs from the date of cause shown or in the interest N.Y. C.P.L.R. § 214, et seq. completion of the project. City School 3 Years N.Y. Est. Powers justice." N.Y. C.P.L.R. § 306-b. A NEW YORK & Trusts Law § 5- District of Newburgh v. Hugh Stubbins & N.Y. C.P.L.R. § 214, et showing of reasonable diligence is U.C.C. seq. 4.1 Associates, 85 N.Y.2d 535 (N.Y. App. 1995). one factor to be considered by the (4 Years) (Breach of No statute of repose for construction Med Malpractice: Court. “Good cause” and “the Contract) claims, only breach of contract SOL by the N.Y. U.C.C. § 2-725(1) 2 Years and 6 interest of justice” are two separate owner (six years from project completion) Months standards that govern an extension and for parties other than the owner (three (N.Y. C.P.L.R. § of the time for service, and both years from the date injury). 214-a) may consider diligence. However, it is only the former standard that Products: None. requires reasonable diligence as a threshold matter; “the interest of justice” may consider a wider range of factors. Leader v. Maroney, Ponzini & Spencer, 97 N.Y.2d 95 (2001).

Work Product of Matthiesen, Wickert & Lehrer, S.C. 20 Last Updated: 4/15/2021 STRICT PRODUCT PERSONAL PERSONAL SERVICE OF PROCESS STATE LIABILITY / BREACH OF STATUTE OF REPOSE PROPERTY INJURY REQUIREMENT WARRANTY 3 years 3 Years (Product Liability) N.C.G.S.A. § 1- N.C.G.S.A. § 1-52(16) 52(1)-(5); Nelson Summons must be issued within Construction: 6 years after “last act of v. Patrick, 293 U.C.C. five days of filing suit. Summons defendant” or “substantial completion” by NORTH 3 Years S.E.2d 829 (N.C. (4 Years) (Breach of must be served within 60 days. The the improvement. N.C.G.S.A. § 1-50. CAROLINA N.C.G.S.A. § 1-52(1)- 1982). Warranty) N.C.G.S.A. § 25- (5) deadline can be extended. 2-725(1) but 3 Years when Products: 12 years after “initial purchase” Wrongful Death: N.C.G.S.A. § 1A–1, Rule 4(a). personal injury or property by end user. N.C.G.S.A. § 1-46.1(1). 2 Years damage other than to N.C.G.S.A. § 1- product itself. N.C.G.S.A. § 53(4) 1-52(1)-(5). 6 Years N.D.C.C. § 28-01- Action is not commenced until 16(5) served. It is commenced when summons is delivered to: (1) Construction: 10 years for improvement to Med Malpractice: 6 Years Sheriff/other officer of county real property, but it does not apply to 2 Years, possibly (Product Liability) defendants usually or last resided; manufacturers or suppliers of products extend to 6 N.D.C.C. § 28-01-16(5) NORTH 6 Years Years, based on or (2) Sheriff/other officer, if a used in the improvement. N.D.C.C. § 28-01- DAKOTA N.D.C.C. § 28-01-16 discovery date. corporation is defendant, of county U.C.C. 44. N.D.C.C. § 28-01- of principal place of business of (4 Years) (Breach of Products: 10 years from initial purchase of 18(3). such corporation, or where Warranty) useful consumption or 11 years from business was transacted, or where N.D.C.C. § 41-02-104(1) manufacture date. N.D.C.C. § 28-01.3-08. Wrongful Death: it kept an office for the transaction 2 Years of business. N.D.C.C. § 28-01-38. N.D.C.C. § 28-01- 18(4)

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2 Years (Product Liability) O.R.C.A. § 2305.10(A) U.C.C. (4 Years) (Breach of Construction: 10 years from substantial 2 Years Warranty) completion of improvement to real O.R.C.A. § A civil action is commenced by filing O.R.C.A. § 2305.09(D) property. If defect discovered less than two years before expiration of 10-year period 2305.10(A) a complaint with the court if service Implied warranty of fitness 2 Years is obtained within one year from may bring action within two years from OHIO Med Malpractice: for a particular purpose O.R.C.A. § 2305.10(A) such filing upon a named discovery. O.R.C.A. § 2305.131. 1 Year arises out of tort, even if it O.R.C.A. § defendant. Ohio Civ. R. 3. involves the building or Products: 10 years from delivery date to 2305.113(A) repair of a house. first purchaser unless warranty longer. O.R.C.A. § 2305.10. Breach of Written Contract (8 years) (Breach of Warranty) O.R.C.A. § 2305.06. If service of process is not made 2 Years (Product Liability) upon a defendant within 180 days Okla. Stat. Ann. Tit. 12, § after the filing of the petition and 95 Construction: 10 years from substantial the plaintiff has not shown good 2 Years 2 Years completion of improvement to real OKLAHOMA cause why such service was not Okla. Stat. Ann. Tit. Okla. Stat. Ann. 5 Years (Breach of property. 12 Okla. Stat. Ann. Tit. 12 § 109. made within that period, the action 12, § 95 Tit. 12, § 95 Warranty) shall be deemed dismissed as to Products: None. Okla. Stat. Ann. Tit. 12A, § that defendant without prejudice. 2-725 Title 12 O.S. 2011 § 2004(I).

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6 years for damage to Construction: 10 years from substantial personal property. completion of improvement to real O.R.S. § 12.080(3) property. O.R.S. § 12.135. Products: Suits claiming personal injuries or 2 years for negligent property damage must be filed before the damage to real 2 Years An action is deemed to be later of (A) 10 years from date product was property. O.R.S. § 2 Years O.R.S. § commenced as to each defendant, purchased for use or consumption, or (B) 12.110(1) (Product Liability) 12.110(1) when the complaint is filed, and the expiration of statute of repose for an (Except actions based O.R.S. § 30.905(1-3) equivalent civil action in the state in which OREGON Wrongful Death: summons served on the defendant. on conversion and 4 Years (Breach of product was manufactured, or, if product 3 Years This can be extended if service actions involving occurs within 60 days of filing. Warranty) was manufactured in foreign country, O.R.S. § trespass or waste, O.R.S. § 12.020. O.R.S. § 72.7250(1) expiration of statute of repose for an which is 6 years. 30.020(1) equivalent civil action in the state which O.R.S. § 12.080(3), (4); product was imported. O.R.S. § 30.905(2). Goodwin v. Kingsmen Death cases must be brought within 3 years Plastering, Inc., 359 after death or 10 years after product was Or. 694, 696, 375 P.3d purchased, whichever comes first. O.R.S. § 463, 465 (2016)). 30.905(3).

Construction: 12 years from substantial 2 Years (Product Liability) completion of improvement, but it Original process must be served 42 P.S. §5524 generally doesn’t apply to manufacturers.

2 Years 2 Years within 30 days after the issuance of Period extended to 14 years if injury PENNSYLVANIA U.C.C. th th 42 P.S. § 5524 42 P.S. § 5524 the writ or the filing of the occurred between 10 and 12 year after complaint. Pa. R. Civ. P. 401. (4 Years) (Breach of completion of improvement. 42 P.S. § Warranty) 5536. 42 P.S. § 5525 Products: None.

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Personal Injury: 3 Years (Product Liability) R.I.G.L. § 9-1-14 (b)

If the summons and complaint, and Property Damage: all other required documents are 10 Years (Product Liability) not served within 120 days after R.I.G.L. § 9-1-13(a) suit filed, the court upon motion or Personal Injury: Construction: 10 years from substantial on its own (after notice to the 3 Years (Breach of 10 Years completion of improvement to real plaintiff) shall dismiss the action Warranty) Romano v. 3 Years property. R.I.G.L. §9-1-29. RHODE ISLAND Westinghouse Elec. R.I.G.L. § 9-1-14 without prejudice as to that R.I.G.L. § 9-1-14 (b), unless defendant or (if good cause shown) a direct buyer-seller Products: 10-year statute found Co., 336 A.2d 555 (R.I. (b) unconstitutional. Kennedy v. Cumberland, 1975). direct that service be effected relationship exists. If so, within a specified time. The court the U.C.C. four-year SOL 471 A.2d 195 (R.I. 1984). shall extend the time for service for applies. Nappi v. John an appropriate period. RI. R. Civ. P. Deere & Co., 717 A.2d 650 4. (R.I. 1998). Property Damage: 10 Years (Breach of Warranty) R.I.G.L. § 9-1-13(a) 3 Years (Product Liability) S.C. Code Ann. §§ 15-3- 3 Years Construction: 8 years from substantial 3 Years Summons and complaint must be 530, 15-3-535 SOUTH S.C. Code Ann. completion of improvement to real S.C. Code Ann. §§ 15- completed no later than 120 days CAROLINA §§ 15-3-530, 15- property. S.C. Code Ann. § 15-3-640. 3-530, 15-3-535 after suit filed. S.C. R. Civ. P. 3(a)(2). 6 Years (Breach of 3-535, 15-3-545 Products: None. Warranty) S.C. Code Ann. § 36-2-725

Work Product of Matthiesen, Wickert & Lehrer, S.C. 24 Last Updated: 4/15/2021 STRICT PRODUCT PERSONAL PERSONAL SERVICE OF PROCESS STATE LIABILITY / BREACH OF STATUTE OF REPOSE PROPERTY INJURY REQUIREMENT WARRANTY

An action is “commenced” by the service of a summons on the Construction: 10 Years from substantial 3 Years 3 Years defendant. S.D.C.L. § 315-2-30. completion of improvement. If injury S.D.C.L. § 15-2- (Product Liability) Constructive “commencement” of occurs during 10th year after substantial 14(3) an action and an extension of time S.D.C.L. § 15-2-12.2 completion, action may be brought within SOUTH DAKOTA 6 Years for service for 60 days arises when Med Malpractice: U.C.C. one year after injury, but not more than 11 S.D.C.L. § 15-2-13(4) the summons is “delivered”, with 2 Years (4 Years) (Breach of years after substantial completion. S.D.C.L. the intent that it actually be served, S.D.C.L. § 15-2- Warranty) § 15-2A-3. to the sheriff. Meisel v. Piggly 14.1 S.D.C.L. § 57A-2-725 Wiggly Co., 418 N.W.2d 321 (S.D. Products: None. 1988); S.D.C.L. § 315-2-31.

Construction: 4 years from substantial completion of improvement to real property. If injury occurred during 4th year after substantial completion, action must be brought in one year after injury. Action involving real estate must be brought within five years after substantial Personal Injury: completion. T.C.A. § 28-3-202. If the loss occurs in the 4th year, repose runs one year 1 Year (Product Liability) from the date of loss. T.C.A. § 28-3-203. T.C.A. § 28-3-104 Action commenced by filing Exceptions: Fraud or person in possession complaint, but if process remains Property Damage: as owner or tenant of property. T.C.A. § 28- TENNESSEE 3 Years 1 Year unserved for 90 days, plaintiff must 3 Years (Product Liability) 3-205. "Improvement to real property,” not T.C.A. § 28-3-105 T.C.A. § 28-3-104 obtain new process within one T.C.A. § 28-3-105 defined but courts have several year. Tenn. R. Civ. Pro. 3 and 4.03. U.C.C. approaches. Cartwright v. Presley, 2007 WL (4 Years) (Breach of 161042 (Tenn. App. 2007). (1) a common- Warranty) law fixture analysis, (2) the common-sense T.C.A. § 47-2-725(1) approach, and (3) as in Black’s Law Dictionary. State Farm Fire & Cas. Co. v. Pentair Filtration, Inc., 2011 WL 2118658 (E.D. Tenn. 2011). Products: Shorter of 10 years from first purchase date or use or within one year from expiration of useful life. T.C.A. § 29- 28-103.

Work Product of Matthiesen, Wickert & Lehrer, S.C. 25 Last Updated: 4/15/2021 STRICT PRODUCT PERSONAL PERSONAL SERVICE OF PROCESS STATE LIABILITY / BREACH OF STATUTE OF REPOSE PROPERTY INJURY REQUIREMENT WARRANTY

Construction: 10 years from substantial 2 Years completion of improvement to real Must “bring suit” on claim within (Product Liability) property. Tex. Civ. Prac. & Rem. Code § limitations period. To “bring suit” Tex. Civ. Prac. & Rem. 16.008. If claim during 10-year period, 2 Years means to both file suit within that 2 Years Code Ann. § 16.003 extended for two years from date of claim. Tex. Civ. Prac. & period and use “due diligence” to th TEXAS Tex. Civ. Prac. & Rem. If injury occurs during 10 year, may sue up Rem. Code Ann. serve the defendant with process. U.C.C. Code Ann. § 16.003 to two years after accrual. Tex. Civ. Prac. & § 16.003 Molina v. Gears, 2018 WL 1404340 (4 Years) (Breach of Rem. Code § 16.009. (Tex. App.-Houston. [14th Dist.] Warranty) 2018). Tex. Bus. & Com. Code Products: 15 years from sale unless Ann. § 2.725 manufacturer says useful life is longer. Tex. Civ. Prac. & Rem. Code Ann. § 16.012. Personal Injury: 4 Years 2 Years (Product Liability) U.C.A. § 78B-2- U.C.A. § 78B-6-706 Construction: If breach of contract or 307(3) Summons and complaint in an Property Damage: 3 Years warranty case, six years from completion. action commenced under Rule 2 Years (Product Liability) U.C.A. § 78B-2-305(1) Wrongful Death: All others two years from discovery or 3(a)(1) must be served no later than U.C.A. § 78B-6-706 2 Years reasonable discoverability but not more UTAH 120 days after the complaint is Improvements to Real Med Malpractice: Personal Injury: 4 Years than nine years. If discovered in 8th or 9th filed, unless the court orders a Property: 2 Years (Breach of Warranty) year, then 2 additional years. U.C.A. § 78B- different period under Rule 6. Utah 2 Years U.C.A. § 78B-2- U.C.A. § 78B-2-307(3) 2-225. U.C.A. § 76B-2-225 R. Civ. Pro. 3(a). 304(2) and Property Damage: Products: None. U.C.A. § 78(B)-3- 3 Years (Breach of 404 Warranty) U.C.A. § 78B-2-305(1)

Work Product of Matthiesen, Wickert & Lehrer, S.C. 26 Last Updated: 4/15/2021 STRICT PRODUCT PERSONAL PERSONAL SERVICE OF PROCESS STATE LIABILITY / BREACH OF STATUTE OF REPOSE PROPERTY INJURY REQUIREMENT WARRANTY 3 Years Vt. Stat. Ann. Tit. 12, § 512(4) When action commenced by filing, 3 Years Wrongful Death: summons and complaint must be Construction: 6 years after cause of action 2 Years (Product Liability) served upon the defendant within Vt. Stat. Ann. Tit. 12, § arises where “Common Interest Ownership Vt. Stat. Ann. Tit. 60 days after the filing of the 3 Years 512(4), (5) community (condominium, planned 14, § 1492 complaint. VERMONT Vt. Stat. Ann. Tit. 12, § community, or real estate cooperative) Med Malpractice: U.C.C. 512(5) When an action is commenced by involved.” Vt. Stat. Ann. Tit. 27A, § 4- Later of 3 years (4 years) (Breach of 116(a). from incident or service, complaint must be filed Warranty) Products: None. 2 years from within 21 days after the completion Vt. Stat. Ann. Tit. 9A, § 2- of service. Vt. Ru. Civ. P. 3. discovery. Vt. 725 Stat. Ann. Tit. 12, § 521.

Work Product of Matthiesen, Wickert & Lehrer, S.C. 27 Last Updated: 4/15/2021 STRICT PRODUCT PERSONAL PERSONAL SERVICE OF PROCESS STATE LIABILITY / BREACH OF STATUTE OF REPOSE PROPERTY INJURY REQUIREMENT WARRANTY

Personal Injury: 2 Years (Product Liability) Va. St. § 8.01-243(A) Property Damage: 5 Years (Product Liability) Va. St. § 8.01-243(B)

Service of process in an action or 4 Years if property subject to contract is damaged. suit within 12 months of Construction: 5 years for improvement to Va. St. § 8.2-725. commencement of the action is real property for injuries resulting from timely as to that defendant. 2 Years U.C.C. ordinary building materials. The statute 5 Years VIRGINIA Va. St. § 8.01- After 12 months, service is timely (2 Years) excludes manufacturers or suppliers of Va. St. § 8.01-243(B) 243(A) upon a finding by the court that the Property Damage: equipment or machinery installed in real plaintiff exercised due diligence to 4 Years (Breach of property. Va. St. § 8.01-250. have timely service made on the Warranty) Va. St. § 8.1A- Products: None. defendant. Va. St. § 8.01-275.1. 101, et seq. and Va. St. § 8.2-725 (Property Subject to Contract) Personal Injury: 2 Years (Breach of Warranty) Va. St. §§ 8.01-243, 8.01- 246

Work Product of Matthiesen, Wickert & Lehrer, S.C. 28 Last Updated: 4/15/2021 STRICT PRODUCT PERSONAL PERSONAL SERVICE OF PROCESS STATE LIABILITY / BREACH OF STATUTE OF REPOSE PROPERTY INJURY REQUIREMENT WARRANTY Intentional Acts: 2 Years R.C.W.A. § Action deemed commenced when 4.16.100 complaint is filed, or summons is Construction: 6 years from substantial Negligence served. Service must be had within completion of construction on Intentional Acts: 2 3 Years (Product Liability) Claims: 3 Years 90 days from the date complaint improvement to real property. This Years R.C.W.A. § 7.72.060(3) R.C.W.A. § filed. If action commenced by specifically does not apply to product R.C.W.A. § 4.16.100 WASHINGTON 4.16.080 service, plaintiff must file the U.C.C. manufacturers. R.C.W.A. § 4.16.310; Negligence Claim: 3 Med Malpractice: summons and complaint within 90 (4 Years) (Breach of R.C.W.A. § 4.16.300. Years Later of 3 years days from the date of service. Warranty) Products: After 12 years, rebuttable R.C.W.A. § 4.16.080 from date of act Otherwise, action will not be R.C.W.A. § 62A.2-725 presumption that useful safe life has or 1 year from deemed commenced for purposes expired. discovery of of SOL. R.C.W.A. § 4.16.170. injury. R.C.W.A. § 4.16.350

2 Years Construction: 10 years from occupying or (Product Liability) acceptance of real property by owner for Service must be done within 120 W. Va. Code § 55-2-12 actions arising out of the planning, design, 2 Years 2 Years days after filing complaint. Court surveying, observation or supervision of WEST VIRGINIA W. Va. Code § W. Va. Code § 55-2-12 can extend the time. Rule 4. U.C.C. any construction to real property. W. Va. 55-2-12 Summons, W.V. R. Civ. Proc. 4(k). (4 Years) (Breach of Code § 55-2-6a. Warranty) Products: None. W. Va. Code § 46-2-725(1)

Work Product of Matthiesen, Wickert & Lehrer, S.C. 29 Last Updated: 4/15/2021 STRICT PRODUCT PERSONAL PERSONAL SERVICE OF PROCESS STATE LIABILITY / BREACH OF STATUTE OF REPOSE PROPERTY INJURY REQUIREMENT WARRANTY Non-Auto Bodily Injury: 3 Years (auto and non-auto) Wis. Stat. § 893.54(1m) 6 Years (Non-Auto) Assault/Battery/ Wis. Stat. § 893.52(1) Libel/Slander/Int Personal Injury: entional Act: 3 3 Years (Auto) 3 Years (Product Liability) Years, Wis. Stat. Construction: 7 years from substantial Wis. Stat. § 893.52(2). Wis. Stat. § 893.54 § 893.54. A civil action in which a personal completion of improvement to real judgment is sought is commenced Wrongful Death Arising property. Does not apply to the Action for property Death Arising as to any defendant when a from Accident Involving manufacturer or producer of the material damage (real or from Accident summons and complaint naming Motor Vehicle and loss used in an improvement to real property. personal), which Involving Motor the person as defendant are filed occurs after 2/6/16: 2 Wis. Stat. § 893.89. accrues prior to Vehicle occurring with the court, provided service of Years (Product Liability), 2/6/16, must be on or after Products: 15 years from date of WISCONSIN an authenticated copy of the Wis. Stat. § 893.54(2m) brought within six (6) 2/6/16: 2 Years manufacture, unless manufacturer makes a summons and of the complaint is Property Damage: years after the cause from date of specific representation that product will made upon the defendant under 6 Years (Product Liability) of action accrues. Wis. accident – not last longer than 15 years. Product liability this chapter within 90 days after Wis. Stat. § 893.52 Stat. § 893.52(1). For death. Wis. Stat. statute of repose applies only to causes of filing. Wis. Stat. § 801.02(1); Ness v. actions after 2/6/16 if § 893.54(2m); 6 Years (Breach of action commenced on or after February 1, Digital Dial Comm’ns, Inc., 596 property damages are Christ v. Exxon Warranty) 2011. It also applies only to strict liability N.W.2d 365 (Wis. 1999). caused by a motor Mobil Corp., 866 Selzer v. Brunsell Bros., 652 claims – not claims based on negligence or vehicle, action must N.W.2d 602 N.W.2d 806 (Wis. App. breach of warranty. Wis. Stat. § 895.047. be brought within (Wis. 2015). 2002). three (3) years. Wis. Death Arising Stat. § 893.52(2). from Accident Involving Motor Vehicle occurring prior to 2/6/16: 3 Years from date of accident.

Work Product of Matthiesen, Wickert & Lehrer, S.C. 30 Last Updated: 4/15/2021 STRICT PRODUCT PERSONAL PERSONAL SERVICE OF PROCESS STATE LIABILITY / BREACH OF STATUTE OF REPOSE PROPERTY INJURY REQUIREMENT WARRANTY Personal Injury: 4 Years Wyo. Stat. § 1-3- 105(a)(iv)(C) 4 Years Wrongful Death: A civil action is commenced the day (Product Liability) 2 Years the complaint is filed, so long as a Wyo. Stat. § 1-3- Wyo. Stat. § 1- defendant is served with process 105(a)(iv)(C); Ogle v. Construction: 10 years from substantial 38-102(d) 4 Years within 60 days. If service is not Caterpillar Tractor Co., 716 completion of improvement to real WYOMING Wyo. Stat. § 1-3- Med Malpractice: made within 60 days, the action is P.2d 334 (Wyo. 1986). property. Wyo. Stat. § 1-3-111. 2 Years, unless deemed commenced on the date 105(a)(iv)(C) Products: None. discovery in 2nd when service is made. Ryel v. U.C.C. year, then Anderies, 4 P.3d 193 (Wyo. 2000); (4 Years) (Breach of extended by 6 W.C.R.P. 3. Warranty) Wyo. Stat. § months. Wyo. 34.1-2-725 Stat. §§ 1-3- 107(a)(I) and (a)(iv).

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Work Product of Matthiesen, Wickert & Lehrer, S.C. 31 Last Updated: 4/15/2021