(a) All product liability actions against an original seller must be commenced within the following time limits and not otherwise:
(1) Except as specifically provided in subsections (b), (c), and (e) of this section, within one year of the time the personal injury, death, or property damage occurs; and
(2) Except as specifically provided in subsections (b), (c), and (e) of this section, each element of a product liability action shall be deemed to accrue at the time the personal injury, death, or property damage occurs;
(b) Where the personal injury, including personal injury resulting in death, or property damage (i) either is latent or by its nature is not discoverable in the exercise of reasonable diligence at the time of its occurrence, and (ii) is the result of ingestion of or exposure to some toxic or harmful or injury-producing substance, element or particle, including radiation, over a period of time as opposed to resulting from a sudden and fortuitous trauma, then, in that event, the product liability action claiming damages for such personal injury, or property damage must be commenced within one year from the date such personal injury or property damage is or in the exercise of reasonable diligence should have been discovered by the plaintiff or the plaintiff’s decedent, and in such cases each of the elements of the product liability action shall be deemed to accrue at the time the personal injury is or in the exercise of reasonable diligence should have been discovered by the plaintiff or the plaintiff’s decedent; and
(c) Notwithstanding the provisions of subsections (a) and (b) of this section, a product liability action against an original seller must be brought within 10 years after the manufactured product is first put to use by any person or business entity who did not acquire the manufactured product for either resale or other distribution in its unused condition or for incorporation as a component part in a manufactured product which is to be sold or otherwise distributed in its unused condition.
(d) The original seller may by express written agreement only waive or extend the period of time provided for in subsection (c) of this section; and
(e)(1) Notwithstanding the provisions of subsection (c) of this section, if a plaintiff or plaintiff’s decedent is entitled to maintain a product liability action because of the failure of an original seller to alter, repair, recall, inspect, or issue warnings or instructions about the manufactured product, or otherwise to take any action or precautions with regard to the safety of the manufactured product for the benefit of users or consumers after the manufactured product was sold or otherwise distributed by an original seller, and, if any federal or state governmental agency shall impose a requirement so to alter, repair, recall, inspect, or issue warnings or instructions about the manufactured product or otherwise to take any actions or precautions with regard to the safety of the manufactured product for the benefit of users or consumers after the manufactured product was sold or otherwise distributed by an original seller, then, if these two events have occurred, a product liability action for damages on account of such failure for personal injury, death, or property damage must be commenced within one year of the time the personal injury, death, or property damage resulting from such failure occurs;
(2) In product liability actions predicated upon the failure to act and the governmental action, set forth in subdivision (1) of this subsection, where the personal injury, including personal injury resulting in death, or property damage (i) either is latent or by its nature is not discoverable in the exercise of reasonable diligence at the time of its occurrence, and (ii) is the result of the ingestion of or exposure to some toxic or harmful or injury-producing substance, element, or particle, including radiation, over a period of time as opposed to resulting from a sudden and fortuitous trauma, then in that event, the product liability action claiming damages for such personal injury or property damage must be commenced within one year from the date such personal injury or property damage is or in the exercise of reasonable diligence should have been discovered by the plaintiff or the plaintiff’s decedent and in such cases each of the elements of the product liability action shall be deemed to accrue at the time the personal injury or property damage is or in the exercise of reasonable diligence should have been discovered by the plaintiff or plaintiff’s decedent; and
(3) Notwithstanding the provisions of subdivisions (1) and (2) of this subsection, a product liability action against an original seller must be brought within 10 years after the date of the imposition of such requirement by such governmental agency.
(Acts 1979, No. 79-468, p. 855, §3.)
Notes of Decisions
Lankford v. Sullivan, Long & Hagerty, 416 So. 2d 996 (Ala. 1982).
· cites it 15× “The appellees filed a motion for summary judgment based on Code 1975, § 6-5-502. Section 6-5-502 provides in part: (a) All product liability actions against an original seller must be commenced within the following time limits and not otherwise: (1) Except as specifically…”
Griffin v. Unocal Corp., 990 So. 2d 291 (Ala. 2008).
· cites it 5× “Section 6-5-502 provided a discovery rule for actions seeking damages for injuries resulting from exposure to toxic substances.”
Cline v. Ashland, Inc., 970 So. 2d 755 (Ala. 2007).
· cites it 7× “§ 6-5-502, Ala.Code 1975. Under the discovery rule, the statute of limitations did not begin to run until the date the plaintiff discovered, or should have discovered, the injury.”
Majdic v. Cincinnati Mach. Co., 537 A.2d 334 (Pa. 1988).
· cites it 2× “See: Ala.Code § 6-5-502 (Supp. 1983); Idaho Code § [6-1406], 6-1306 (1980); N.”
Spain v. Brown & Williamson Tobacco Corp., 872 So. 2d 101 (Ala. 2003).
“The 20-year rule of repose applied here differs materially from the stricken 10-year rule (Code 1975, § 6-5-502(c)). For example, the 20-year common law rule is couched in terms of the `running of the period against claims,' `absolute bar to unasserted claims,' `lack of…”
Tucker v. Nichols, 431 So. 2d 1263 (Ala. 1983).
“Lankford declared unconstitutional the ten-year statute of repose in the Products Liability Act (§ 6-5-502(c)). One of the grounds for so declaring was the Act's absolute bar after ten years from an arbitrary datethe first use of the product.”
Lawyers Coop. Publ'g Co. v. Muething, 603 N.E.2d 969 (Ohio 1992).
“…Sweeney, Holmes, Douglas and H. Brown, JJ., concur. Wright, J., concurs in the syllabus and judgment. . See, e.g., Ala.Code 6-5-502.”
Stephens v. Creel, 429 So. 2d 278 (Ala. 1983).
“" [1] For examples of such statutes, see § 6-2-3 (providing for the accrual of the cause of action for fraud upon discovery of facts constituting the fraud); § 6-5-482 (providing for the accrual of the cause of action for medical mal-practice upon discovery of injury); and §…”
In Re Vioxx Prods. Liab. Litig., 478 F. Supp. 2d 897 (E.D. La. 2007).
“1986) (noting that the one-year limitations period of Ala.Code § 6-5-502 was voided by Lankford v.”
Coilplus-Alabama, Inc. v. Vann, 53 So. 3d 898 (Ala. 2010).
“…regard by structuring variations of discovery features in the following statutes: § 6-2-3; § 6 — 2—30(b); § 6-5-482; § 6-5-502(b); § 6-5-57U(a); § 7-2A-506(2); § 8-19-14; § 8-26A-16(c); and § 8-27-5.” 990 So.2d at 310-11 (emphasis added). With regard to Coilplus’s fraud…”
Ridling v. Armstrong World, 627 F. Supp. 1057 (S.D. Ala. 1986).
· cites it 6× “Plaintiffs correctly point out, however, that the Alabama Supreme Court in Lankford v.”
— Ala. Code § 6-5-502(b) — 3 cases
Griffin v. Unocal Corp., 990 So. 2d 291 (Ala. 2008).
“Section 6-5-502 provided a discovery rule for actions seeking damages for injuries resulting from exposure to toxic substances.”
Cline v. Ashland, Inc., 970 So. 2d 755 (Ala. 2007).
“§ 6-5-502, Ala.Code 1975. Under the discovery rule, the statute of limitations did not begin to run until the date the plaintiff discovered, or should have discovered, the injury.”
Coilplus-Alabama, Inc. v. Vann, 53 So. 3d 898 (Ala. 2010).
“…regard by structuring variations of discovery features in the following statutes: § 6-2-3; § 6 — 2—30(b); § 6-5-482; § 6-5-502(b); § 6-5-57U(a); § 7-2A-506(2); § 8-19-14; § 8-26A-16(c); and § 8-27-5.” 990 So.2d at 310-11 (emphasis added). With regard to Coilplus’s fraud…”
— Ala. Code § 6-5-502(c) — 6 cases
Lankford v. Sullivan, Long & Hagerty, 416 So. 2d 996 (Ala. 1982).
“The appellees filed a motion for summary judgment based on Code 1975, § 6-5-502. Section 6-5-502 provides in part: (a) All product liability actions against an original seller must be commenced within the following time limits and not otherwise: (1) Except as specifically…”
Griffin v. Unocal Corp., 990 So. 2d 291 (Ala. 2008).
“Section 6-5-502 provided a discovery rule for actions seeking damages for injuries resulting from exposure to toxic substances.”
Cline v. Ashland, Inc., 970 So. 2d 755 (Ala. 2007).
“§ 6-5-502, Ala.Code 1975. Under the discovery rule, the statute of limitations did not begin to run until the date the plaintiff discovered, or should have discovered, the injury.”
Spain v. Brown & Williamson Tobacco Corp., 872 So. 2d 101 (Ala. 2003).
“The 20-year rule of repose applied here differs materially from the stricken 10-year rule (Code 1975, § 6-5-502(c)). For example, the 20-year common law rule is couched in terms of the `running of the period against claims,' `absolute bar to unasserted claims,' `lack of…”
Tucker v. Nichols, 431 So. 2d 1263 (Ala. 1983).
“Lankford declared unconstitutional the ten-year statute of repose in the Products Liability Act (§ 6-5-502(c)). One of the grounds for so declaring was the Act's absolute bar after ten years from an arbitrary datethe first use of the product.”
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