Statute of Limitations vs. Statute of Repose in Arizona — Know the Difference

Most people know about the statute of limitations — you generally have two years to file a personal injury lawsuit in Arizona. But there’s another deadline that can catch people off guard: the statute of repose.

Statute of Limitations

The statute of limitations starts running when you’re injured (or when you discover the injury). For most Arizona personal injury cases, it’s two years under A.R.S. § 12-542. For wrongful death, it’s two years from the date of death. For claims against government entities, you must file a notice of claim within 180 days.

Statute of Repose

The statute of repose sets an absolute outside deadline measured from a specific event — usually the completion of a product or building — regardless of when the injury occurs. For example, Arizona’s statute of repose for construction defects (A.R.S. § 12-552) is 8 years from substantial completion. If a building defect causes a slip and fall injury 9 years after construction, the statute of repose may bar your claim against the builder — even if the statute of limitations hasn’t run yet.

Why This Matters

The statute of repose most commonly applies in product liability cases and construction defect cases. If you’re injured by an older product or in an older building, the statute of repose may affect your options.

Don’t Guess — Ask an Attorney

If you’re unsure whether a filing deadline applies to your case, contact the Law Badgers immediately. Missing a deadline can permanently destroy your legal rights, and there are very few exceptions. Call (833) DTF-IGHT.