What is the Statute of Limitations and Statute of Repose for a Products Liability Cause of Action in Tennessee?

Analysis:  Under Tennessee law, as a general rule, the statute of limitations for a product liability cause of action is the same as what applies to a personal injury or injury to property cause of action. (See T.C.A. § 29-28-103).  As a result, injuries to the person are subject to a one year statute of limitation for a products liability injury. (See T.C.A. § 28-3-104).  Injuries to personal or real property are governed by the three year statute of limitations found in T.C.A. § 28-3-105.  Regardless, all claims must be brought within 6 years of the date of injury as stated explicitly in T.C.A. § 29-28-103. 

There is also a statute of repose found in T.C.A. § 29-28-103.  This statute states the following (see the highlighted portion of the statute for the statute of repose language):

(a) Any action against a manufacturer or seller of a product for injury to person or property caused by its defective or unreasonably dangerous condition must be brought within the period fixed by §§ 28-3-104, 28-3-105, 28-3-202 and 47-2-725, but notwithstanding any exceptions to these provisions, it must be brought within six (6) years of the date of injury, in any event, the action must be brought within ten (10) years from the date on which the product was first purchased for use or consumption, or within one (1) year after the expiration of the anticipated life of the product, whichever is the shorter, except in the case of injury to minors whose action must be brought within a period of one (1) year after attaining the age of majority, whichever occurs sooner.

As a result, the outer limit for a products liability cause of action (the statute of repose) is ten years after the product was first purchased or within one year of the expiration of the anticipated life of the product – whichever is shorter.  There is one exception to the statute of repose found in this statute.  It is tolled when someone is a minor.  Minors can bring a cause of action within one year after attaining the age of majority.  Note, the Tennessee Supreme Court has specifically held that this exception to the statute of repose does not apply to toll the statute during a period of mental incompetency.  See Penley v. Honda Motor Company, Ltd., 31 S.W.3d 181 (Tenn. 2000).   

It is also important to note that the limitations of actions in this statute do not apply to exposure to asbestos cases.  Also, they do not apply to causes of action based on injuries caused by silicone gel breast implants.  Silicone gel breast implant causes of actions must be brought within 25 years from the date the product was implanted, provided that the action is brought within 4 years from the date the plaintiff knew or should have known of the injury (See T.C.A. § 29-28-103).