Section 60-513 - Actions limited to 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

    very, 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 38026, at *2 (D. Kan. Jan. 4, 2007) (quoting Moon v. City of Lawrence, 267 Kan. 720, 727 (1999)).Statute of Repose: There is a rebuttable presumption that a product’s “useful safe life” expires 10 years after delivery. Kan. Stat. Ann. § 60-3303(a).KentuckyStatute of Limitations: 1 year. Ky. Rev. Stat. Ann. § 413.140(1)(a). Kentucky applies the discovery rule, delaying accrual until the plaintiff discovers, or in the exercise of reasonable diligence should have discovered, both that he has been injured and that his injury may have been caused by the defendant. Louisville Tr. Co. v. Johns-Manville Prod. Corp., 580 S.W.2d 497, 501 (Ky. 1979); see Cutter v. Ethicon, Inc., No. CV 5:19-443-DCR, 2020 WL 109809, at