Statute of Repose vs Statute of Limitations: What's the Difference
Published 2026-07-06 · Legal Niche Pros
FAQ
Can a statute of repose ever be extended?
Rarely, and far less often than a standard statute of limitations — most states designed it specifically to resist tolling.
Which claims typically have a statute of repose?
Construction defects, product liability, and medical malpractice are the most common categories, though it varies by state.
These two terms are often used interchangeably, but they work very differently — and the difference can determine whether a claim is alive or dead years before you'd expect.
Statute of limitations: tied to discovery
A statute of limitations generally starts running when the harm occurs or is discovered, and can often be tolled or paused under specific circumstances like minority or fraudulent concealment.
Statute of repose: a hard outer wall
A statute of repose sets an absolute deadline from the date of the original act — often construction completion, product manufacture, or professional service — regardless of when harm was discovered. In many states, it cannot be tolled at all, meaning a claim can be legally dead before the injured party even knows they have one.
This distinction shows up most often in construction defect, product liability, and medical malpractice cases, where harm can surface years after the underlying act — always check whether your state applies a statute of repose to your specific claim type in addition to the standard statute of limitations.