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A statute of repose is a law that sets a hard deadline to file a lawsuit based on when something was built, sold, or completed—not when the injury happens. It cuts off the right to sue completely after a certain number of years, even if you didn’t know about the problem or injury. This is different from a statute of limitations, which usually starts when the injury is discovered.
States created these laws to give finality and certainty to builders and manufacturers, prevent lawsuits based on very old projects or products, and address concerns about lost evidence, faded memories, and long-term liability exposure. Currently, 30 of the 50 United States still have a statue of repose.
Tennessee has several, including: construction/improvements to real property (4 years); products liability (10 years); and medical malpractice (3 years). Each applies depending on the type of case.
Yes, but they are very limited and strictly applied. In Tennessee construction cases, examples include:
Statutes of repose tend to favor corporations over the safety of consumers. A defective building component fails years later; a dangerous condition like a guardrail causes injury after 4 years; or a defect is hidden and undiscoverable until it causes harm. In these situations, people can be seriously injured and still have no legal remedy.
10 years is the most common length for a statute of repose. Tennessee’s 4-year construction statute is the shortest statue of repose for construction cases in the country.
It allows only 4 years from completion, while many defects take years to develop or are hidden. If the issue causes injury after 4 years, the injured person may have no case at all.
Southeastern states comparison: Tennessee (4 years, up to 5 max); Kentucky (7 years, 8 max); Virginia (5 years); North Carolina (6–12 years); South Carolina (8 years); Georgia (8 years, 10 max); Alabama (7 years); Mississippi (6 years); Arkansas (5 years); Florida (10 years); Missouri (10 years).
