It is commonly understood that parties harmed due to someone else’s negligence must pursue their claim within the time frame set forth by the applicable statute of limitations, otherwise they waive the right to recover. In certain instances, a statute of limitations can be tolled, such as in cases where an illness or defect could not have been discovered within the time permitted. In other cases, a statute of repose applies and strictly limits the time frame in which a case can be pursued.
Recently, the Supreme Judicial Court of Massachusetts ruled that the six-year statute of repose for tort actions arising out of improvements to real property related operated to eliminate all claims after the applicable period has run, even if the cause of action was not discoverable within that time frame. If you suffered harm due to exposure to a dangerous chemical or product you should meet with an experienced Massachusetts personal injury attorney to discuss the facts of your case and your potential claim for compensation.
Alleged Facts Regarding the Plaintiff’s Harm
Reportedly, the defendant manufactured and sold turbine generators and directed that asbestos be used in the installation of the generators. The defendant also supervised the installations. The plaintiff’s decedent was exposed to asbestos during the installation of the generators in two different power plants, which were constructed between 1971 and 1978. He was diagnosed with mesothelioma in 2015 and subsequently sued the defendant, alleging the defendant negligently exposed the him to asbestos during the construction of the plants. The defendant filed a motion for summary judgment, arguing that the claims were barred by the six-year statute of repose for tort actions arising out of any deficiency or neglect in the design, planning, administration, or construction of any improvement to real property. The district court stated that it was unclear whether the statue applied to cases involving diseases with extended latency periods and certified the question to the Supreme Judicial Court of Massachusetts.