Section 13-80-102 - General limitation of actions - two years

1 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

    b Co., 346 F.3d 824 (8th Cir. 2003).Statute of Repose: None. See Brown v. Overhead Door Corp., 843 F. Supp. 482, 490 (W.D. Ark. 1994).CaliforniaStatute of Limitations: 2 years. Cal. Civ. Proc. Code § 340.8. California applies the discovery rule, delaying accrual until the plaintiff “has, or should have inquiry notice of the cause of action.” Fox v. Ethicon Endo-Surgery, Inc., 35 Cal. 4th 797 (2005); see Bekins v. AstraZeneca Pharm. LP, 739 F. App’x 884, 886 (9th Cir. 2018); See, e.g., Villarreal v. Am. Med. Sys., Inc., No. CV201641PSGPLAX, 2020 WL 4390372 (C.D. Cal. May 6, 2020) (noting that, in pelvic mesh cases, the statute of limitations begins on the date of a second corrective procedure occurring shortly after the initial mesh procedure).Statute of Repose: None. See McCann v. Foster Wheeler LLC, 225 P.3d 516, 529 (Cal. 2010) (stating that the statute of repose is not applicable to personal injury actions).ColoradoStatute of Limitations: 2 years. Colo. Rev. Stat. §§ 13-80-106(1), 13-80-102. Colorado applies the discovery rule, which triggers the limitations period “on the date both the injury and its cause are known or should have been known by the exercise of reasonable diligence.” Colo. Rev. Stat. § 13-80-108(1).Statute of Repose: There is a presumption of non-defectiveness 10 years after the product is first sold for use or consumption. Colo. Rev. Stat. § 13-21-403(3).ConnecticutStatute of Limitations: 3 years. Conn. Gen. Stat. § 52-577a(a). Connecticut applies the discovery rule; therefore, a cause of action does not accrue until the injury is “discovered or in the exercise of reasonable care should have been discovered.” Id.Statute of Repose: 10 years. Conn. Gen. Stat. § 52-577a.DelawareStatute of Limitations: 2 years. 10 Del. Code Ann. §§ 8119, 8107. Delaware applies the discovery rule, thereby tolling the statute of limitations until the plaintiff discovers, or in the exercise of reasonable diligence should have discovered, her injury. Burrell v. Astrazeneca LP,