Section 413.140 - Actions to be brought within one year

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

    0443-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 *5 (E.D. Ky. Jan. 9, 2020).Statute of Repose: There is a rebuttable presumption that a product was not defective if injury occurs more than 5 years after the sale date or more than 8 years after manufacture. Ky. Rev. Stat. Ann. § 411.310.LouisianaStatute of Limitations: 1 year. La. Civ. Code Ann. § 3492 (“prescriptive period”). Louisiana applies the doctrine of contra non valentem, otherwise known as the discovery rule. This doctrine states that prescription is delayed until the plaintiff has actual or constructive knowledge of a causal relationship between the device/drug and his injury. See In re