Excuses, Excuses: The Application of Statutes of Repose to Environmentally-Related Injuries

Abstract

Injuries resulting from environmental conditions created by improvements to real property have always been commonplace. Across jurisdictions, however, there is some evidence to suggest that defendants may be able to escape liability for certain environmentally-related injuries by invoking statutes of repose. Although statutes of repose may protect defendants from prejudice in court and relieve them of past obligations, they may also prevent injured plaintiffs from obtaining redress in court where their injuries were latent or undiscoverable. This Note explores the nature and purpose of statutes of repose, discusses whether they might be used by defendants during environmental litigation by addressing case law and public policy considerations, and offers suggestions for balancing the interests of plaintiffs and defendants to the extent that statutes of repose are applicable to environmental injuries.