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A statute or law that cuts off a cause of action after the time specified in the statute or law regardless of the date of injury. This makes the time frame absolute wherein the statute of limitations only begins to generally run when the injury has been discovered or should have been discovered.
Forty-six states and the District of Columbia have enacted construction statutes of repose (the exception being Arizona, Kansas, New York and Vermont). Thirty of these jurisdictions, now including Ohio, have upheld the constitutionality of such statutes under various theories. Five have held their versions to be unconstitutional (Alabama, Alaska, Hawaii, New Hampshire and Wisconsin) and the remaining twelve have not ruled on the constitutionality of their current statutes, as passed or amended (Illinois, Iowa, Kentucky, Maine, Missouri, New Mexico, Oklahoma, South Carolina, South Dakota, Virginia, West Virginia and Wyoming). The following courts have upheld their state's statutes against due process challenges: Carter v. Hartenstein (Ark. 1970), 455 S.W. 2d 918, appeal dismissed (1971), 401 U.S. 901; Barnhouse v. Pinole (1982), 133 Cal. App. 3d 171, 183 Cal. Rptr. 881; Cheswold Volunteer Fire Co. v. Lambertson Constr. Co. (Del. 1984), 489 A. 2d ...
