Thank you for sharing!

Your article was successfully shared with the contacts you provided.

A 2-year statute of limitations for claims in tort may apply, rather than the 4-year statute of limitations for claims in contract, where the defect alleged by the plaintiff revolves around a dangerous product instead of a defective product. Seguros Popular v. Raytheon Aircraft, Case No. 05-1002-JTM, U.S. District Court for the District of Kansas, Aug. 30, 2005.

An airplane manufactured by the defendant crashed on Jan. 7, 2003. On Jan. 4, 2005, the plaintiff commenced an action including claims of breach of warranty, negligent design, and negligent manufacture. The defendant was served on May 2, 2005 and subsequently moved to dismiss under the 2-year statute of limitations for torts. The plaintiff argued that a 4-year statute of limitations for claims in contract applied. The district court dismissed the plaintiff’s claim. It held that the line between tort and contract must be delineated by considering the nature of the defect, the type of risk, and the manner in which the injury or damage arose. It held that in cases where a defective product causes mere economic damage, a claim for breach of warranty, rather than tort, would be appropriate. However, in cases where a defect creates a danger of sudden and imminent hazard to human life, the action sounds in tort and therefore must comply with the 2-year statute of limitations.

This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.

To view this content, please continue to their sites.

Not a Lexis Advance® Subscriber?
Subscribe Now

Not a Bloomberg Law Subscriber?
Subscribe Now

Why am I seeing this?

LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.

For questions call 1-877-256-2472 or contact us at [email protected]

Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.


ALM Legal Publication Newsletters

Sign Up Today and Never Miss Another Story.

As part of your digital membership, you can sign up for an unlimited number of a wide range of complimentary newsletters. Visit your My Account page to make your selections. Get the timely legal news and critical analysis you cannot afford to miss. Tailored just for you. In your inbox. Every day.

Copyright © 2021 ALM Media Properties, LLC. All Rights Reserved.