Section 3492 - Delictual actions

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

    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.

  2. Haybarger v. Lawrence County Adult Probation and Parole, No. 07-3720 (3d Cir. Dec. 31, 2008); Taylor v. UPS, Inc., No. 07-31000 (5th Cir. Dec. 31, 2008)

    Outten & Golden LLPDecember 30, 2008

    After dismissal of the class claims in the Morgan suit in 2000, and while the appeal was pending, Taylor filed his own Title VII charge and civil action, individually alleging essentially the same claims as the class, while adding a retaliation claim.Reviewing summary judgment for the employer, the Fifth Circuit considers the limitations issues associated with the class case:"The most important question before us is the extent to which the Morgan class action tolled the statute of limitations governing Taylor's claims. The district court correctly determined that Taylor's non-Title VII promotion claims are subject to a one-year statute of limitations, Taylor v. Bunge Corp., 775 F.2d 617, 618 (5th Cir. 1985), LA. CIV. CODE ANN. art. 3492, while his non-Title VII pay disparity claims are subject to a four-year statute of limitations, White v. BFI Waste Services, LLC, 375 F.3d 288, 291-92 (4th Cir. 2004), 28 U.S.C. § 1658. Thus, those are the key periods we examine.