"When Does the Modification of a Product Trigger an Exception to the Statute of Repose?" IDC Quarterly Spring 2015
“Can a product liability claim that would otherwise be time barred by the statute of repose proceed when the product was modified after the statutory time limit?”
In this article co-authored by Colin B. Wilmott, an attorney in Goldberg Segalla’s Product Liability Practice Group, the authors examine the recent case of Hartman v. EBSCO Indus. Inc., in which the Seventh Circuit evaluated the application of Indiana’s statute of repose after the plaintiff was injured using a muzzle-loading rifle that was modified with the addition of a conversion kit 14 years after the rifle was purchased.
This article written for the IDC Quarterly, the journal of the Illinois Association of Defense Trial Counsel, explores the impact of the decision on cases involving the use and maintenance of older products; comparisons to the Illinois statute of repose; and practice tips regarding proximate cause, internal recordkeeping, and expert testimony.
Read the article here:
- “When Does the Modification of a Product Trigger an Exception to the Statute of Repose?” IDC Quarterly, Vol. 25, No. 1, First Quarter 2015