Consumers who are injured by defective products may have legal recourse through a product liability claim—but in Connecticut, waiting too long to act can cost you that opportunity. The state's statute of repose sets a firm deadline for filing product liability lawsuits, regardless of when the injury occurs or when the defect is discovered. Understanding these time limitations is essential for anyone considering legal action after being harmed by a defective product.
What Is the Statute of Repose in Connecticut Product Liability Cases?
Unlike a statute of limitations, which typically starts running from the date of injury or discovery, a statute of repose creates a hard cutoff based on time elapsed since a product entered the market. In Connecticut, the statute of repose for product liability claims is 10 years from the date the product was first sold.
This means even if a defect causes injury in year 11, the right to file a claim has likely expired—even if the victim had no way of knowing the product was defective until the injury occurred.
Key Legal Language: Connecticut General Statutes § 52-577a
Connecticut General Statutes § 52-577a governs product liability actions in the state. The law requires:
- Claims must be brought within 3 years from the date the injury, death, or property damage occurred or was discovered.
- Absolute bar after 10 years: No claim may be filed more than 10 years from the date the product was first delivered to the original purchaser, regardless of when the harm occurred or was discovered.
This law applies to all forms of product liability actions—whether the claim is based on negligence, strict liability, breach of warranty, or misrepresentation related to the product’s safety.
Why the Statute of Repose Matters for Injured Consumers in Connecticut
The statute of repose protects manufacturers from indefinite liability by cutting off claims after a set period. For injured consumers, however, this deadline can come as a shock—especially when injuries are caused by long-term use of a product or a defect that remained hidden.
Consider these examples:
- A homeowner develops respiratory issues due to toxic chemicals slowly released by building materials installed 12 years ago. Despite recent symptoms, they may be barred from suing.
- A defective airbag malfunctions in year 11, causing serious injury. Even with clear evidence of a defect, a lawsuit may be time-barred.
This harsh cutoff creates significant legal hurdles for consumers and underscores the importance of filing product liability claims promptly.
When the Clock Starts: “First Delivery” Explained
The 10-year clock doesn’t begin when the consumer purchases the item—it starts when the product was first delivered to the original purchaser or lessee. This distinction can limit a second-hand buyer’s rights if they acquire the product years after its initial sale.
For example:
- A used car sold to a second owner eight years after manufacture may leave only two years to bring a claim, even if the defect only becomes apparent later.
This rule places added pressure on consumers to investigate product defects early and to document purchase and manufacturing dates.
Are There Any Exceptions to Connecticut’s 10-Year Limit on Product Liability Claims?
Connecticut’s statute of repose is unusually rigid. Courts in the state have consistently upheld the 10-year limit, even in cases involving latent injuries or where the injured party had no reasonable way to discover the defect within that timeframe.
That said, there may be rare circumstances where the clock could be extended:
- Fraudulent concealment: If the manufacturer intentionally hid a defect, a court may toll (pause) the statute under Connecticut General Statutes § 52-595.
- Minors: For injured children, certain tolling provisions may apply under specific circumstances, though courts tend to prioritize the repose period.
- Government-mandated recalls or admissions of fault might create other legal strategies, but they do not automatically extend the deadline.
Overall, exceptions are extremely narrow, and injured parties should never assume they have more than 10 years to act.
How the Statute of Repose Interacts with Statutes of Limitations in CT
Connecticut law also enforces a 3-year statute of limitations for product liability claims, meaning a victim must act within three years of discovering the injury or defect—even if the 10-year repose deadline has not yet passed.
Here’s how the two interact:
- Injury in year 2 → 3 years to file
- Injury in year 9 → Must file before the 10-year cutoff
- Injury in year 11 → No claim allowed, even if the defect was just discovered
This dual deadline creates a “whichever comes first” scenario that can catch consumers off guard.
What Types of Products Are Covered Under CT's Statute of Repose?
Connecticut’s statute of repose applies broadly to nearly all consumer products, including:
- Automobiles and motor vehicle parts
- Household appliances
- Industrial machinery
- Medical devices and pharmaceuticals
- Children’s toys and equipment
- Construction materials
Any product that is manufactured, sold, leased, or otherwise placed into the stream of commerce may fall under the statute’s scope.
What You Should Do If You Suspect a Product Defect
Timing is everything. If you’ve been injured and suspect a defective product is to blame:
- Seek medical attention immediately and document your injuries.
- Preserve the product if possible. Avoid modifying or disposing of it.
- Gather records showing when and where the product was purchased or installed.
- Consult a product liability attorney as soon as possible. They can review the timelines and assess whether you are still within the legal window to file.
Conclusion
Connecticut’s 10-year statute of repose for product liability claims is among the firmest legal deadlines a consumer can face. It can bar even legitimate claims if too much time has passed since the product first entered the market. While exceptions are rare, understanding these limits is essential for protecting your rights. If you’ve been injured by a defective product, acting quickly could make all the difference between recovery and being shut out by time.
Need Legal Help? Brandon J. Broderick, Attorney at Law is One Phone Call Away
Navigating a Product Liability Claim in Connecticut can be challenging. Fortunately, you don't need to do it alone. The experienced personal injury lawyers at Brandon J. Broderick, Attorney at Law, are available 24/7 to help you understand your legal options, gather necessary evidence, and build a strong case to secure the settlement you deserve.
Contact us now for a free legal review.