23.8.1 Statutes of Limitations Applicable to Products Liability Actions.

• Jurisdiction: Arizona

23.8.1 Statutes of Limitations Applicable to Products Liability Actions. Prior to 1993, A.R.S. § 12-551 provided a 12-year statute of repose in products liability actions, unless the cause of action was based upon the negligence of the manufacture or seller or a breach of an express warranty provided by the manufacturer or seller.¹¹⁴ The statute of repose began to run on the date the product was first sold for use or consumption.¹¹⁵ In 1993, however, the Arizona Supreme Court held A.R.S. § 12-551 unconstitutional because it violated Article 18, Section 6 of the Arizona Constitution.¹¹⁶

Article 18, Section 6 of the Constitution prohibits the abrogation of any right of action to recover damages for injuries or statutory limitations on the amount of recovery.¹¹⁷ Subsequent case law has drawn a distinction between a statute that abrogates a right of recovery, and one that merely regulates the right of recovery.¹¹⁸

In holding A.R.S. § 12-551 unconstitutional, the Arizona Supreme Court found that the statute “goes far beyond merely ‘regulating’ products liability actions that accrue more than twelve years after the product is first sold for use or consumption. Instead, claims such as the one under consideration are simply abolished before any injury occurs.”¹¹⁹ The court went on to state, “the fact that [plaintiffs] could still sue...