Section 614.1 - Period

2 Analyses of this statute by attorneys

  1. 50-State Survey of Statutes of Limitations and Repose in Prescription Product Liability Cases

    Butler Snow LLPKatelyn AshtonNovember 16, 2020

    have discovered, that his injury was caused by the tortious act of another. See Wehling v. Citizens Nat’l Bank, 586 N.E.2d 840, 842–43 (Ind. 1992) (extending the discovery rule to all tort claims). “[A] person knows or should have discovered the cause of his injury when he has or should have discovered some evidence that there was a reasonable possibility that his injury was caused by the act or product of another.” Evenson v. Osmose Wood Preserving Co., 899 F.2d 701, 705 (7th Cir. 1990).Statute of Repose: A cause of action must be commenced within 2 years of accrual or within 10 years after the delivery of the product. If the cause of action accrues at least 8 years but less than 10 years after delivery, the action may be commenced at any time within 2 years after accrual. Ind. Code § 34-20-3-1; see In re Cook Med., Inc., IVC Filters Mktg., Sales Practices & Prod. Liab. Litig., No. 114ML02570RLYTAB, 2020 WL 1532132, at *3 (S.D. Ind. Mar. 31, 2020).IowaStatute of Limitations: 2 years. Iowa Code § 614.1(2). Iowa applies the discovery rule, meaning that an action accrues “when the person is aware ‘a problem’ may be present with the product requiring ‘diligent investigation’ and such an investigation ‘would have revealed the existence of the defect.’” Farrand v. Stryker Corp., No. 4:13-CV-00443-RAW, 2014 WL 11514684, at *9 (S.D. Iowa Nov. 12, 2014) (quoting Buechel v. Five Star Quality Care, Inc., 745 N.W.2d 732, 738 (Iowa 2008)).Statute of Repose: 15 years from the date on which “the product was first purchased, leased, bailed, or installed for use by the manufacturer.” Iowa Code §§ 614.1(2A); see Albrecht v. GMC, 648 N.W.2d 87, 95 (Iowa 2002).KansasStatute of Limitations: 2 years. Kan. Stat. Ann. § 60-513(a). Kansas applies the discovery rule, so “the statute of limitations starts to run ‘at the time a negligent act causes injury if both the act and the resulting injury are reasonably ascertainable by the injured person.’” Spicer v. New Image Int’l, Inc., No. CIV.A.04-2184-KHV, 2007 WL

  2. Asbestos Defendants Beware: Iowa’s Tort Reform Was Apparently Weaker Than We Thought

    Husch Blackwell LLPMagda PatitsasSeptember 14, 2022

    In such circumstances, § 686B.7(5) might operate as a “bare metal” defense and block liability.Regardless, a knowledgeable attorney can explore additional defenses to asbestos liability. For example, in Iowa this may include (1) comparative fault, Iowa Code § 668.1; (2) state of the art, Iowa Code § 668.12; and (3) statute of limitations, Iowa Code § 614.1.[View source.]